Luis Gabriel Escalante, 22, will be arraigned in Chelsea district court this morning on charges of motor vehicle homicide and leaving the scene of an accident. Charges stem from a December 14, 2010 accident in which Julio Vaquerano of Revere, 36, was hit while in Chelsea near Blossom and Maple Street. The driver at the time left the scene leaving Vaquerano with severe injuries and trauma. Vaquerano was pronounced dead upon arrival to the hospital.
Little is known at this time as how the police linked Escalante or his vehicle to the accident, or whether an eyewitness provided information which helped in the identification.
At times a witness will see a license plate or be able to identify the driver of a car fleeing the scene of the accident. These cases rely on the ability of the Commonwealth to link the defendant to being the driver involved in the accident. Eyewitness identification can be flawed especially at night and when the person is in a fleeing vehicle. Alibi or misidentification are common defenses to these types of charges.
Frank Fernandez is a criminal lawyer in boston who deals with vehicular homicide and all types of criminal matters all over Massachusetts. If you face criminal charges in Massachusetts contact us for a free consultation.