Photo by: Volusia County Sheriff’s Office
On the afternoon of April 2, 2023, a red BMW convertible headed east on East Normandy Boulevard crossed the centerline, ran off the road, struck a traffic sign, continued onto the sidewalk, and ran over two pedestrians and a dog.
The BMW then struck a 2,340-pound rock, “pushing it a short distance” records show and the car came to a halt.
Eileen Flaherty, 68, who was thrown 59 feet 5 inches before coming to rest on the driveway apron of 1162 E Normandy Blvd., died at the scene, according to records of the crash. Her brother Robert Flaherty, 55, was taken to a hospital with bleeding in his brain.
The driver, Ralph Aguilar, 68, a retired New York City police officer, who records show was ordered by the court in 2004 to attend driver improvement school, suffered minor injuries. His passenger was taken to a hospital.
After an investigation, the Volusia County Sheriff’s Office wrote Aguilar a ticket for careless driving, a $166 citation, that was later dismissed in court.
Robert Flaherty was incensed.
“This is an injustice for my sister,” Flaherty told the News-Journal.
Others say what happened was a tragic accident, and that the justice system is limited in these situations and no one was happy with the outcome.
A dropped bag
In body camera recordings, Aguilar is heard telling deputies that a drawstring bag fell on the floorboard and got caught on his leg. So he bent down to grab it while having one hand on the steering wheel and lost control. He looked up and saw he was on the sidewalk just before he struck the Flahertys.
“I hurt these people over a stupid bag,” Aguilar can be heard saying, sitting near his wrecked car. “I hurt these poor people, man.”
Aguilar told deputies he was traveling the speed limit, 35 mph. A passenger riding with Aguilar, Victor Hernandez, said Aguilar was driving 35 mph to 40 mph.
In body camera videos, Aguilar tells deputies he is a retired policeman from New York City. His brother, Michael Aguilar, who came to the crash scene later, tells crash investigator Deputy Nicholas Maletto that he and Ralph Aguilar “are both retired from the job,” and says to Sgt. Jeremy Patterson that “We are a family of blue.”
Michael Aguilar pulls out what appears to be business cards and tells Maletto he knows people at the sheriff’s office.
Body camera footage shows Aguilar’s brother contacted deputies and investigators at the scene of the crash, noting his friendships within the sheriff’s office.
“One must view the body cam (video) to appreciate Michael’s glad-handing and name-dropping,” Robert Flaherty said.
The investigation
Speed was a critical issue in the investigation.
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Source: news-journalonline
