The driver accused of hitting and killing 11-year-old Luis Medina on Monday was on depression medication and narcotic pain relievers at the time. According to court documents, 26-year-old Garrett Bergquist was so impaired that he could not safely operate a motor vehicle.
He now faces charges of first-degree manslaughter, second-degree manslaughter, driving under the influence of intoxicants and reckless driving. Bergquist was arraigned on Tuesday.
Emergency personnel responded to the incident at Southeast Hogan Road and 5th Avenue around 8:30 a.m. on Monday. The boy was on his way to classes at Dexter McCarty Middle School when he was hit. Court documents say he had the right of way since he was using a marked crosswalk.
However, witnesses reported police that Bergquist sped through a red light as he headed south on Hogan Street. The impact threw Luis around 80 feet away.
The Multnomah County District Attorney’s Office said Bergquist drove a significant distance before stopping, getting out of the car, and taking photos.
According to a probable cause affidavit, Bergquist failed his field sobriety tests. He told police he was late for work, but he wasn’t speeding, and the light was green. He said he didn’t see Luis step in front of his car.
Bergquist also told officers he was taking Xanax and Oxy without prescription and he had last taken them the previous night. However, he said he didn’t feel the effects that morning.
He later said he takes pain medication for an old injury, but he was not under a doctor’s care.
Court records show that Bergquist was charged with a DUII in 2015 but the charge was dismissed when he finished diversion.
He pleaded not guilty to the new charges and his bail was set at $500,000.
If you lost a loved one in a DUI crash that was not their fault, contact a Portland DUI lawyer for advice.
Source: https://www.kptv.com/news/affidavit-driver-was-on-depressants-pain-relievers-during-crash-that/article_dd253694-31b5-11ea-887f-9b25b69cc844.html
