Woman accused of causing fatal Mother's Day crash granted pretrial release

LAYTON — A Syracuse woman who allegedly caused a fatal crash in Layton on Mother's Day while impaired and distracted has been granted a pretrial release.

Nicolette Tovey, 32, pleaded not guilty Aug. 31 to manslaughter, a second-degree felony; three charges of negligently operating a vehicle resulting in serious bodily injury, a third-degree felony; and two charges of negligently operating a vehicle resulting in injury; class A misdemeanor. She also pleaded not guilty to two counts of possession or use of a controlled substance, a class A misdemeanor; and use or possession of drug paraphernalia, a class B misdemeanor.

Conditions of her release include submitting to drug and alcohol testing, no driving, no drugs or alcohol and no frequenting places like bars where alcohol is the main item sold. Tovey also must avoid verbal, written or direct contact with the victims and families involved in the crash.

Second District Court Judge Rita Cornish said Tovey won't be a flight risk or danger to the community if she follows the conditions of her release, according to defense attorney G. Fred Metos.

Tovey's pretrial conference is set for Oct. 5, when Metos said Cornish will set a schedule for the case and make sure Tovey has followed through on her requirements. Metos explained that Tovey's compliance could mean she doesn't have to go back to jail.

The crash

Charging documents say Tovey was driving her Honda Pilot near 2225 W. Gordon Ave. in Layton on May 14 just before 7 p.m., with her 2-year-old in the car with her. Her vehicle swerved into oncoming traffic, police said, hitting a Toyota Corolla with five people inside, ages ranging from 15 to 72, killing one of them.

Passenger Ruth Carillos, 53, was pronounced dead as she was extracted from the Corolla, documents state. The family in the Corolla said they were coming back from going out to eat for Mother's Day, according to charging documents.

The other four in the Corolla, along with Tovey's 2-year-old, were transported to a local hospital to be treated for "substantial but not life-threatening" injuries, according to the documents. Charges say the collective injuries suffered by the passengers included a ruptured spleen, collapsed lung, broken collarbone, orbital bone fracture and other wounds.

A drug test conducted after the crash showed methamphetamine in Tovey's system, according to charging documents. Police submitted a search warrant for Tovey's phone and found text messages that were sent right before the crash, charges state.

Police said Tovey "was the sole cause of the collision by her leaving the lane of travel and intruding into the lane of travel of the Corolla, hitting it partially head-on," according to court documents.

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