The Kane County Sheriff‘s Department has arrested a 32-year-old man for alleged automobile homicide and driving under the influence after a UTV he was driving rolled, injuring his child passenger.
The passenger in the utility task vehicle, a 7-year-old girl, was knocked unconscious and later died from her injuries. The driver, Armando Garcia Becerra, admitted to deputies he had been drinking, his arrest document says.
Becerra was arrested Saturday night for investigation of alleged:
- Automobile homicide, listed as a second-degree felony
- Three counts of driving under the influence with a passenger younger than 16, listed as a class A misdemeanor
- Negligently operating a vehicle resulting in injury, listed as a class A misdemeanor
- Reckless driving, listed as a class B misdemeanor
If the case goes to trial, the county attorney’s office will determine the charges and their severity.
Kane County Sheriff officials were notified on Saturday of an unconscious juvenile being transported by her parents to the Mammoth Creek Fire Station, an arrest document says.
“It was reported that the juvenile was a passenger in a UTV that had rolled over,” the court document says.
“I responded to the Mammoth Creek Fire Station where I made contact with the parents of the juvenile. Both parents had blood on them. I collected both parents’ information and asked them what had taken place. They stated that their 7-year-old daughter was riding as a passenger in a UTV when the driver (Armando Garcia Becerra) lost control of the vehicle, causing it to rollover.
“The parents stated that the juvenile was never conscious during transport and had severe head trauma.”
After “noticed multiple alcoholic beverages in the bed of the vehicle. I asked (the girl’s father) if Armando had been drinking prior to the accident. He stated that they all had, but he thought Armando had consumed ‘2 or 3 beers.'”
The child victim “succumbed to her injuries and was pronounced deceased at the Mammoth Creek Fire Station,” the affidavit says.
Investigators went to the accident scene, where Becerra and the vehicle were found.
“I asked Armando if he was the driver. He stated that he was. I asked him where the passengers were sitting. He explained via his wife to translate that the injured juvenile was sitting directly behind him. I asked him who else was with him in the vehicle. He stated that there were three juvenile females with him.”
The officer wrote that “During this conversation, I could smell the odor of an intoxicating beverage emitting from Armando’s breath.”
Becerra and his wife were transported by deputies to the Mammoth Creek Fire Station,” so Becerra could be assessed for shoulder pain. He signed a refusal of medical care document, his arrest document says.
“I then explained to Armando that I could smell alcohol emitting from his breath as he spoke to me and that we had multiple reports that he had been drinking throughout the afternoon prior to the incident. I explained that I would like him to submit to Standardized Field Sobriety tests to determine whether he was capable of safely operating a motor vehicle. He stated that he would.”
Becerra did poorly on the standardized test and was judged to be impaired, the document says. A preliminary breath test performed approximately 90 minutes after the rollover “showed positive for alcohol and was over the legal limit to operate a motor vehicle in the state of Utah,” the arrest document says.
A second breath test was performed after Becerra was transported to the Kane County Sheriff’s Office, almost two hours after the rollover, and came back at .046 BAC.
“During the DUI citation interview, Armando admitted to drinking five to six 16 ounce beers between 4 p.m. and 7:30 p.m. Armando also admitted to me that he believed that he was still under the influence of alcohol at the time of the interview, which was nearly two hours after the incident had occurred.”
Becerra’s bail was set at $5,000.