DUI murder case heads to grand jury

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July 2, 2009

By HEATHER PYLES, CJ Staff Writer The Commonwealth Journal Thu Jul 02, 2009, 08:36 PM EDT

Somerset — A Somerset man charged with murder in the death of a Rockcastle County woman in a two-vehicle accident will see his case go to the grand jury.

Pulaski District Judge Jeffrey Scott Lawless during Thursday’s preliminary hearing stated that enough evidence was presented by the county that would warrant a grand jury decision in the murder case against Jose Santiayo Cuevas, 26, of East Mt. Vernon Street.

Cuevas was charged with murder, second-degree operating a motor vehicle under the influence, first-degree failure to maintain required insurance, and not having an operator’s license on Sunday, June 21 after he lost control of his vehicle on Ky. 39 and struck another vehicle.

The driver of the second vehicle, Shelia R. Lovell, 38, of Mount Vernon, was pronounced dead at the scene.

During Thursday’s proceedings Paul Henderson, with the Pulaski County Attorney’s office, called Danny Pevley to give his statements about the crash and the events that followed.

Pevley said he was called to the site of the crash, which reportedly happened around 2:30 p.m., as a member of the Pulaski County Sheriff’s Department’s Accident Reconstruction Unit to investigate the accident. Once there, Pevley said investigators determined that Cuevas, operating a 1997 Ford pick-up truck, had been traveling south bound on Ky. 39 approximately 12 miles north of Somerset when his tires dropped off the side of the road. Cuevas then overcorrected in an attempt to get back onto the road and collided with Lovell, who was driving a 2007 Chevrolet north bound.

“ ... He lost control,” Pevley said.

Cuevas had to be extracted from his vehicle and was transported to Lake Cumberland Regional Hospital.

Pevley stated that Lovell was ejected from her vehicle and sustained fatal injuries. He also stated during the hearing that it appeared she was not wearing her seat belt at the time of the accident.

Pevley stated that while he was on the scene investigators discovered 12 cans of beer in Cuevas’ vehicle. Pevley stated he recalled that four of the cans had been opened and were empty. Many of the cans burst during the accident, which sent both vehicles spinning.

“That’s when we suspected alcohol may have been involved,” Pevley stated.

Toxicology results are still pending, but Pevley said Cuevas later said he drank “four or five” beers before the accident.

“There’s no doubt,” Pevley said. “He was really intoxicated.”

Jim Cox, who was representing Cuevas, questioned whether Cuevas understood the situation on that Sunday, and whether he truly understood his Miranda Rights, which Pevley said he read to him later the evening when he made the arrest.

“I wanted to make sure he did understand what was going on,” Pevley said.

A translator was in attendance Thursday to provide Cuevas information about the hearing.

When questioned further, Pevley said he read a majority of the Miranda rights to Cuevas in english. Pevley said he would stop and ask “Comprende?” to Cuevas after every sentence, to which Pevley said he replied yes.

Pevley also said when asked about his alcohol consumption Cuevas would answer back with english numbers. Pevley stated there was no Miranda Rights form available at the time for Cuevas to read on his own.

“You’re asking a pretty seriously inebriated person about waiving these important constitutional rights?” Cox asked Pevley on Thursday.

Pevley answered he believed Cuevas understood what was happening.

Cox also raised questions about the murder charge brought against Cuevas, stating that second-degree manslaughter, a lesser charge, “specifically mentions” vehicular death. Cox asked Pevley why he chose to charge Cuevas with murder.

“Well, someone was killed,” Pevley answered.

“Someone is killed in second-degree manslaughter,” Cox answered.

Pevley said he understood the differences in the two charges.

“Why would I charge a man with (second-degree) manslaughter when I can charge him with murder?” the deputy asked. “When a defendant chooses to operate a vehicle under the influence of alcohol ... it’s extreme indifference to other human lives.”

Cox expressed more concern about Cuevas’ blood alcohol level at the time of the crash, and he also stated the defendant was not speeding at the time of the crash.

Cuevas reportedly told investigators he was traveling around 50 to 55 mph at the time of the crash. That cannot be confirmed until information from the two vehicles’ electronic data recorders are retrieved.

The speed limit on that section of Ky. 39 is 55 mph.

Cox also emphasized to the court that Lovell apparently was not wearing her seat belt at the time of the crash, adding that prosecutors could not “take that leap” and asked whether Lovell would’ve survived the crash had she been wearing a seat belt.

“To charge murder under these circumstances is too much,” Cox said.

Henderson replied that circumstances call for murder simply because Cuevas operating a vehicle on the road under the influence of alcohol.

Lawless stated he felt Cox’s argument about the seat belt were not “appropriately raised,” and added he felt that to be more of a defense for trial, not for a preliminary hearing to determine probable cause.

Lawless set the case for review in approximately 60 days and maintained Cuevas’ bond at $100,000 cash.

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Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

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