(WSVN) – A Miami-Dade County judge is criticizing Miami police for their investigation into a horrific motorcycle crash that left a 26-year-old woman unable to speak. The driver was only issued a traffic ticket. 7’s Jessica Holly reveals new details on tonight’s 7 Investigates.
The passenger of this motorcycle, which was involved in an accident in Coconut Grove on September 24, 2023, was once an outgoing and energetic Marian Sánchez Cuevas.
Marian suffered a traumatic brain injury and had part of her leg amputated. She hasn’t spoken since then.
Mother Sahily Cuevas: “We are waiting and expecting to hear her first words.”
The driver of the motorcycle was Miami-Dade County Firefighter Nicholas Araujo, who was off-duty at the time.
Police officer seen on body camera video: “Rescue these two.”
Nicholas was injured but recovered. He received a warning for careless driving four months later, not immediately after the accident.
And things got heated in traffic court Thursday afternoon.
Judge Steve Liefman: “This is unacceptable.”
Miami-Dade Circuit Court Judge Steve Liefman reprimanded the Miami police traffic homicide detective who handled the case for not being prepared for the Zoom hearing.
Judge Steve Liefman: “Are you saying there aren’t cameras on any of the Miami Police Department’s computers?”
The motorcyclist, Nicolas Araujo, did not attend the hearing. His attorney filed a motion for no contest on his behalf. He was fined and his license suspended.
Witness Andrew Perlin: “I mean, it was unforgettable, it really was.”
The judge gave the opportunity to speak to two witnesses who said they saw the motorcycle speeding and ignoring stop signs.
Witness Mike Forenza: “I mean, this is the most vitriolic, dry DUI I’ve ever seen.”
This is consistent with what he told officers at the scene in a body camera video that aired on 7 Investigates in May.
Mike Forenza (on body camera video): “If he makes it, he should go to prison for the rest of his life. If he makes it. Poor girl — he must be drunk.”
Photos taken from the tailgate on the day of the accident show Nicholas and Marian holding drinks in their hands.
Jessica Dehombre, cousin: “I was the one who personally contacted everyone who was there that day and collected photos and videos of him drinking throughout the day.”
However, investigators did not request a blood alcohol test.
Friend Gabriel Varona: “Maybe he didn’t get tested at all. That doesn’t make any sense to me.”
Marian’s friends and family have long wondered why it didn’t happen.
A judge issued a similar ruling Thursday.
Judge Steve Liefman: “I don’t know why they didn’t have him take a blood test. Blood tests are usually done when there is suspicion. They are required by law when serious personal injury occurs. So I share your curiosity and frustration.
Miami police have long maintained that there was no physical evidence at the scene that Nicholas was impaired.
His attorney agreed.
Attorney Bradley Horenstein: “There was no odor of alcohol. There’s nothing like that in the report. Alcohol was not suspected in this incident.”
Marian’s family also told the judge they were angry about Detective Luis Vargas’ investigation.
Cousin Christy Deombre: “I’m sorry, but I was very emotional hearing about the terrible job this detective did.” My father called Detective Vargas many times, but he never returned his calls. There wasn’t. I heard this detective say there was nothing suspicious about alcohol. This is (expletive).”
Judge Steve Liefman: “I’ve been on the court for almost 30 years, and this is a very unusual situation, and it seems to me that it should have been investigated much more thoroughly than it was.”
Meanwhile, Marian has shown encouraging signs of progress in recent months.
Sahily Cuevas: “If you think it’s okay, close your eyes.”
However, there is a long road ahead.
Sahily Cuevas: “This is how we feed Marian four times a day.”
Although Nicolas Araujo’s traffic case has now ended, a civil suit brought by Marian’s mother for driving under the influence is still ongoing. It is seeking more than $5 million in damages.
Jessica Holley, 7News in Miami.
Contact 7 investigates:
305-627-CLUE
954-921-CLUE
[email protected]
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