Carmen Huertas, Drunk Driver, Pulled Daughter Out Of Car Crash While Another Girl Lay Dying On The Side Of The Road

JENNIFER PELTZ | 10/23/09 06:28 PM | AP

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Carmen Huertas

NEW YORK — A mother accused of drunkenly causing a high-speed wreck managed to pull her own 11-year-old daughter from the mangled, overturned car as another girl lay dying on the roadside, prosecutors said Friday.

The mother, Carmen Huertas, had brushed off warnings that she was too drunk to drive, piling seven children in her station wagon to drive them to a slumber party at her home, Manhattan District Attorney Robert Morgenthau said.

He said she played a morbid guessing game as she sped up a highway at nearly 70 mph, asking her young passengers to raise their hands if they thought they would crash.

Morgenthau called Huertas' behavior "outrageous" as he announced that she was indicted on charges including manslaughter, assault and driving under the influence of alcohol. She remains hospitalized with a shoulder injury; her arraignment isn't expected until mid-November.

Meanwhile, prosecutors said they continue to explore whether others – such as the adults who noticed her condition – might face legal consequences.

Huertas' lawyer didn't immediately return a call Friday. Her family has said she is suicidally distraught over the Oct. 11 crash.

After gathering a half-dozen of her daughter's friends for a weekend sleepover at her Bronx home, she took them to a family birthday party in Manhattan, prosecutors said. She downed enough cognac and other drinks there that her former boyfriend told another man in her life, the father of her toddler son, she wasn't fit to drive home, according to prosecutors.

After confronting her about his concerns and being rebuffed, the father got his 14-month-old boy out of the car – but left the other children, prosecutors said. No telephone number could be found for the toddler's father or Huertas' former companion.

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Huertas drove off after midnight, teasing and terrifying the children, according to prosecutors and a survivor's family. The relatives have said she ignored pleas from the girls – including her 11-year-old daughter, Brittany Gonzalez – to slow down.

"If you think this is bad, wait until we get on the highway," the parents of one of the girls, Kayla Fernandez, told reporters in the days after the wreck.

When Huertas lost control of the car on the Henry Hudson Parkway, it swerved violently and flew off the road, rolling upside-down as it landed on the road's tree-lined shoulder, authorities said. Three children were hurled to the ground from the station wagon's back compartment; one, Leandra Rosado, died within minutes.

Huertas crawled free and rescued her daughter, prosecutors said. They said the other children in the car managed to get out on their own.

One of the girls, Yiselle Rosario, remains hospitalized in serious, but stable condition.

Prosecutors said a breath test taken at the scene showed Huertas had a blood-alcohol level above 0.13 percent; the legal limit is 0.08 percent.

Huertas, 31, faces up to 15 years in prison if convicted.

The crash came about three months after another mother, Diane Schuler, drove her minivan the wrong way on the suburban Taconic Parkway and hit an SUV, killing herself, her daughter, three young nieces and three men in the SUV. Authorities say toxicology tests found she had been drinking heavily and smoking marijuana, which her husband disputes. Westchester County medical examiners have stood by their findings.

NEW YORK — A mother accused of drunkenly causing a high-speed wreck managed to pull her own 11-year-old daughter from the mangled, overturned car as another girl lay dying on the roadside, prose...
NEW YORK — A mother accused of drunkenly causing a high-speed wreck managed to pull her own 11-year-old daughter from the mangled, overturned car as another girl lay dying on the roadside, prose...
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- WSAY I'm a Fan of WSAY 35 fans permalink
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You missed my point.

    Reply    Favorite    Flag as abusive Posted 01:07 AM on 10/29/2009
- Niasia I'm a Fan of Niasia 23 fans permalink

up to 15 yrs?? wth... it should be life in prison hands down!

    Reply    Favorite    Flag as abusive Posted 09:47 PM on 10/28/2009
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She's on "suicide watch"? Pffft. Give her a rope.

    Reply    Favorite    Flag as abusive Posted 06:07 PM on 10/28/2009
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Huh. No christian values for you eh?

Do you kiss your mother with that mouth?

    Reply    Favorite    Flag as abusive Posted 08:57 PM on 10/28/2009
- atomic I'm a Fan of atomic 68 fans permalink
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Children screaming in the car begging her to slow down ... I don't care what anyone says this women needs to go to jai fir the full 15 years ... She showed a complete lack of responsibility and for the lives of these innocent children ... she might as well have used a gun. She ruined her life and her families life ... and the lives all of those involved.

    Reply    Favorite    Flag as abusive Posted 06:07 PM on 10/28/2009

So many people focused on taking the woman's keys.... why not focus on removing the children from the car?

In the article it says one father took his own child out of the car... but he didn't think "hey if she's too drunk to drive my kid, she's too drunk to drive these other children as well." ?

I'm willing to bet that any parent would be more than willing to be woken up at 12:30AM by a responsible adult calling to say "Hey I need you to come pick up your child or give driving directions because the chaperon wasn't fit to drive." Than "we need you to come down to the hospital."

    Reply    Favorite    Flag as abusive Posted 05:13 PM on 10/28/2009
- javaz I'm a Fan of javaz 106 fans permalink
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She appeared in court today and plead not guilty.
She denies having anything to drink, even though her blood alcohol level says different.

"There is so much blame to go around but it's all coming down on Ms. Huertas' head," said defense lawyer Steven Rubin.

Huertas is being cast as "a poster child for the bad mother, and she's not that person," he insisted.

"Some of the parents were at the party" that Huertas attended in Chelsea before the wreck - and did not stop her from driving off, Rubin said."
http://www.nydailynews.com/news/ny_crime/2009/10/28/2009-10-28_dwi_moms_lawyer_points_.html

Disgusting.

    Reply    Favorite    Flag as abusive Posted 04:59 PM on 10/28/2009
- zippy01 I'm a Fan of zippy01 5 fans permalink

Ban alcohol! Tax it out of existence!

    Reply    Favorite    Flag as abusive Posted 04:18 PM on 10/28/2009
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Ban stupid, glib, responses like that and tax the people that say them! :-P

    Reply    Favorite    Flag as abusive Posted 05:06 PM on 10/28/2009

Had the boyfriend tried to stop her - he couldn't be charged with assault.

It's a misdemeanor - maximum, for the worst possible misdemeanor is a whole 90 days.

However - assault is legally defined as an unlawful attempt to COMMIT A VIOLENT INJURY. If he's only trying to get the keys, not trying to hurt her - no assault. They can go for robbery - but so long as he's called the cops, he's solid. And she drank enough that night - and he was there - that there'd be no question what her BAC would be.

    Reply    Favorite    Flag as abusive Posted 03:42 PM on 10/28/2009

Again, Sue....the longest time you've spent behind bars? Some may accuse you of being sheltered and out of touch. Not me, but some.

    Reply    Favorite    Flag as abusive Posted 04:20 PM on 10/28/2009

Legal definition of assault: "an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact." Sorry, you're wrong, the worst one can be sentenced to for a misdemeanor is ONE YEAR. Sheesh....soccer moms.

    Reply    Favorite    Flag as abusive Posted 04:28 PM on 10/28/2009

yeah cause when you go for the keys she's just gonna drop em and nothing could possibly go wrong...
" I swear officer, I just pushed her to stop her from getting in her car.....I don't know how she slipped and hit her head"..... "But officer, why are you arresting me?!!!"

    Reply    Favorite    Flag as abusive Posted 04:28 PM on 10/28/2009
- iBlog4Fun I'm a Fan of iBlog4Fun 6 fans permalink
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run the b|tch over with a car

    Reply    Favorite    Flag as abusive Posted 02:33 PM on 10/28/2009

Second.

    Reply    Favorite    Flag as abusive Posted 02:55 PM on 10/28/2009

Too fast. Something as slow and terrifying as what she inflicted on those children. Then, when it's all over, she can sit in the car, as rescuers drag everyone else to safety.

    Reply    Favorite    Flag as abusive Posted 03:17 PM on 10/28/2009
- jayHG I'm a Fan of jayHG 3 fans permalink

third.....

    Reply    Favorite    Flag as abusive Posted 03:33 PM on 10/28/2009
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As my comment was removed, I'll say it again.

Those who live in glass houses should not throw stones dumb a's's.

    Reply    Favorite    Flag as abusive Posted 05:17 PM on 10/28/2009
- Arjala I'm a Fan of Arjala 2 fans permalink

Drinking is glorified in most cultures and idealized in the American Way.

    Reply    Favorite    Flag as abusive Posted 02:17 PM on 10/28/2009
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Isn't 15 years too lenient for the crime and circumstances?...

    Reply    Favorite    Flag as abusive Posted 02:14 PM on 10/28/2009
- susierr I'm a Fan of susierr 20 fans permalink
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Definitely, she should get life in prison.

    Reply    Favorite    Flag as abusive Posted 03:17 PM on 10/28/2009
- NYCMami I'm a Fan of NYCMami 14 fans permalink

Dumb headline. the woman is a miscreant and should face charges but so what she tried to get to her own daughter to help her out? Where is the story in this?

    Reply    Favorite    Flag as abusive Posted 02:02 PM on 10/28/2009

In that she didn't help the other children she injured. She got her own daughter, left the others to rot, so far as she was concerned.

    Reply    Favorite    Flag as abusive Posted 03:17 PM on 10/28/2009
- tjconkster I'm a Fan of tjconkster 6 fans permalink

Alcohol is a socially accepted drug. Alcohol impaired driving is also socially acceptable in some circles. When I worked the streets and specifically targeted immpaired drivers, I heard all of the excuses. Everything from "I was too drunk to walk" to "come on it was just a couple of beers." I was berated by a WWII veteren because he "earned the right to drink and drive."

I've pulled bodies out of wrecks and literally watched a few happen right in front of me before I could get the driver to stop.

Until we as a society decide that this behavior is unacceptable and decide that stricter laws and sentences are required, we will see tragedies like this in the future.

    Reply    Favorite    Flag as abusive Posted 01:58 PM on 10/28/2009

Well said. It was also appear our society has a deeper neurosis in that we refuse to use technology to detect when people are not fit to drive or not safely stored, i.e. alcohol and seat belt detectors. There should be some passive way to catch a persons breather while driving and do analysis, kinda like a smoke detector in a home. Upwards of 10,000 people die and even more are injured due to alcohol related deaths on the roads. Seems worth the time and effort to innovate safety with more than just airbags and safety belts.

    Reply    Favorite    Flag as abusive Posted 02:38 PM on 10/28/2009

There are many ways we could reduce crime using technology. We could put cameras on every telephone pole. We could listen in on phone conversations to see if people are up to no good. We could have check points and only people with the correct papers could pass through. We could certainly implant chips in people to determing where they are, what they are ingesting and if they are somewhere where they're not supposed to be.

Ahhhh, but until we as a society decide that these behaviors are unacceptable.....Remember, we must be willing as a soceity to give up every right to privacy to ensure that we never read another unpleasant story. EVAH!!!!!!!!!!!!!!!!!!!!!!!!!

    Reply    Favorite    Flag as abusive Posted 04:33 PM on 10/28/2009
- kdztucker I'm a Fan of kdztucker 3 fans permalink

Agreed---absolutely! I have always felt that no one should ever be a repeat offender of "DUI's". It's appalling to hear that people have received their fourth, fifth, or even sixth DUI and they are still allowed a license to drive. I know laws vary state to state, but once is enough (or more than enough). After two DUI's, a person should be banned from receiving a driver's license in the U.S. for their lifetime. I know they do this in other countries and they see less deaths from alcohol-related accidents. What judge is sitting on a drunk-driving case thinking, "well, I know he's already driven drunk twice, but maybe if I smack him with a bigger fine this time, he won't do it again." RIDICULOUS!

    Reply    Favorite    Flag as abusive Posted 02:51 PM on 10/28/2009
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The reason it continues to happen is because alcoholism is a disease and people with this disease cannot think properly nor understand reason therefore, being charged or convicted of DUI does not filter through.

You will see, in our lifetime, there will always be DUIs and stories like this because this disease is a bain to our existance.

    Reply    Favorite    Flag as abusive Posted 05:14 PM on 10/28/2009
- cowtippor I'm a Fan of cowtippor 20 fans permalink

we tried prohibition, it failed miserably and caused many problems of its own

    Reply    Favorite    Flag as abusive Posted 03:44 PM on 10/28/2009
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not prohibition - just don't drive impaired - that means ONE drink and you're a passenger

    Reply    Favorite    Flag as abusive Posted 04:24 PM on 10/28/2009
- MrMike513 I'm a Fan of MrMike513 16 fans permalink
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I've always thought that a nice step in curbing our drunk driving problem would be to outlaw the sale of cold beer and wine. A cold 40 oz. at a 7-11 is there for one reason - so a person can drink it immediately, and most people are driving when they buy that 40 oz.

    Reply    Favorite    Flag as abusive Posted 04:01 PM on 10/28/2009
- TekBoss I'm a Fan of TekBoss 9 fans permalink

In this day and age, if you kill someone while driving drunk, it should be life in jail. There is NO excuse. Period.

    Reply    Favorite    Flag as abusive Posted 01:42 PM on 10/28/2009
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What a horrible Mother. It's odd though how the rules don't seem to apply to the NFL. Weird.

    Reply    Favorite    Flag as abusive Posted 01:16 PM on 10/28/2009
- jbeach I'm a Fan of jbeach 16 fans permalink

Not weird at all. NFL stars who get busted make a lot of money, and are worth a lot of money to specific very powerful and wealthy people.

    Reply    Favorite    Flag as abusive Posted 02:57 PM on 10/28/2009

Come off it. The rules apply. Some who are busted do get away with it - people with and without money manage to get away with it.

Of course - if you're speaking of that one guy, with a perfectly clean record, who hit someone who was illegally crossing the street, in an accident the experts said a sober person couldn't have avoided either, caused by the pedestrian, who stopped, tried to help, never denied a thing nor lawyered up, where the family of the victim didn't think he deserved significant jail time either - that's nothing remotely like this case.

    Reply    Favorite    Flag as abusive Posted 03:20 PM on 10/28/2009

Riiiiight. Merriman was looking at a potential charge when he tried to stop that reality show woman from driving. He's a millionaire with top of the line legal help. Wonder what would happen to Joe-shmoe and his public defender?

    Reply    Favorite    Flag as abusive Posted 04:22 PM on 10/28/2009

What ever happened to dialing 911? There was plenty of time to discuss her impairment between the two ex-boyfriends. Time enough to call the police and get them to stop her from leaving.

    Reply    Favorite    Flag as abusive Posted 05:18 PM on 10/28/2009
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