- Paseto Penahipa Foalima, 38, charged with murder for allegedly hitting Luena Paulson, 83.
- Foalima's BAC was .228%, over five times the legal limit, during the incident, charges say.
- Prosecutors request Foalima be held without bail pending trial.
PROVO — Prosecutors say an Orem man with a blood-alcohol level more than five times the legal limit who hit another vehicle while driving over three times the posted speed limit, resulting in the death of an elderly woman, exhibited a depraved indifference to human life.
Because of that, Paseto Penahipa Foalima, 38, was charged Thursday in 4th District Court with depraved indifference murder, a first-degree felony.
He was also charged with assault against an officer and failing to stop for police, second-degree felonies; failing to stop for an accident involving death, a third-degree felony; running from police, a class A misdemeanor; DUI, causing property damage, interfering with police and reckless driving, class B misdemeanors; having an open container of alcohol in his vehicle, a class C misdemeanor; and four infractions.
Just after 3 p.m. on May 9, Provo police were called to a hit-and-run minor crash near 500 West and 500 North. The driver of a vehicle stopped at a red light told police that a Volkswagen Passat behind him had clipped his vehicle while trying to drive around him.
After hitting the other vehicle, the Passat drove off. The driver of the damaged vehicle followed the Passat for several minutes until it stopped in a church parking lot at 100 West and 700 North. Provo police were called and when an officer arrived, Foalima was ordered to get out of the Passat, according to charging documents.
"(Foalima) initially turned the car off, but then turned it on again. The officer reached into the vehicle to try to pull the defendant out, but the defendant began driving away, dragging the officer about 10 feet. The officer fell away from the defendant's vehicle and suffered minor injuries," the charges state.
Foalima drove out of the parking, ran a stop sign at 700 North and 100 West and a second stop sign at 500 North and 100 West, police say.
Luena Paulson, 83, of Provo, was making a left turn in the intersection at 500 North and 100 West when she was hit by Foalima, who was traveling an estimated 80 mph in a 25 mph zone, the charges allege. She was taken to Utah Valley Hospital, where she died a few hours later due to her injuries.
After the crash, Foalima got out of his damaged car and ran.
"A witness chased (Foalima) and pulled him from a fence as he tried to climb it. Officers arrived and ordered the defendant to the ground but (he) did not comply. An officer deployed his Taser, taking (Foalima) to the ground," according to the charges.
While Foalima was being treated at a local hospital for his injuries, his blood-alcohol level was measured at .228%, or more than five times the legal limit.
Police also reported finding an open container of alcohol in his car and learned he does not have a driver's license.
Prosecutors have requested that he be held in the Utah County Jail without the possibility of posting bail pending trial.
