A local man is facing further charges after an accident that killed six people

A Rexburg man who was involved in a crash in Idaho Falls in May that killed six people has now been charged with four new felony counts of driving under the influence causing injury.

Luis Garcia-Diaz is now charged with ten counts in connection with the fatal accident. Six cases involved involuntary manslaughter and four cases involved driving under the influence of alcohol resulting in serious bodily harm or permanent disability or disfigurement.

Earlier this year, the First Amendment complaint contained an alternative theory to his six original counts. The alternative is manslaughter charges, which allege Garcia-Diaz was under the influence of alcohol, drugs or other intoxicating substances in the deaths of Pedro Manuel Alcantar Mejia, Javier Gomez Alcantar, Brandon Ponce Gallegos, Jose Guadalupe Sanchez Medina and Abel Mejia Martinez and Luis Enrique Sereno Perez.

The new amended complaint alleges that Garcia-Diaz had a blood alcohol concentration of 0.08% or greater, which resulted in the injuries of Ricardo Alcantar Mejia, Jorge Luis Ortega Contreras, Marco Antonia Barrera Apolinar and Eder Garcia Miranda.

In a motion filed Oct. 17 by Stephen A. Meikle, Garcia-Diaz’s attorney, asking the court to exclude all references to driving while impaired in this case, he states that the references to alcohol impairment or his client’s BAC test results are because Garcia-Diaz does not meet the legal standard for driving under the influence under Idaho Code §18-8004(1)(a). to apply.

According to the Idaho law cited, it is illegal for any person under the influence of alcohol, drugs or other intoxicating substances, or any combination thereof, to operate or control a motor vehicle. This happens after an analysis of their blood, urine or breath shows an alcohol concentration of 0.08.

The motion goes on to say that Garcia-Diaz was taken to Eastern Idaho Regional Medical Center for medical treatment and her blood was drawn. It says an analysis by the Idaho State Police Lab found his client’s BAC was less than 0.08%.

“Standard field sobriety tests were not conducted by officers to determine physical impairment,” the motion states. “EIRMC medical records indicate that the defendant spoke to hospital staff and said he believed he had fallen asleep.”

Meikle states that the May 29 amended complaint includes the alternative basis of alcohol impairment for the involuntary manslaughter charge, but states that the standard for including the BAC was not met.

“There is no further evidence of impaired driving ability. In fact, nothing was collected, observed, observed or reported by the responding officers,” the motion states. “Admitting evidence or evidence of alcohol impairment or blood alcohol content creates the risk of unfair prejudice that will confuse the facts and mislead the jury pursuant to Idaho Rules of Evidence (Rule) 403.”

An affidavit of probable cause was filed on Nov. 11 based on the testimony of Christopher Terry, a special agent for the Bonneville County District Attorney’s Office.

The statement said Garcia-Diaz was the driver of a Dodge Ram pickup truck and was removed by firefighters.

A scene investigation revealed that the Dodge crossed the center line of U.S. Highway 20, entered the westbound lanes and collided with a 2016 Chevrolet Express van carrying 14 people.

“There was no evidence of braking prior to impact by either vehicle,” the statement said.

Six of the van’s passengers suffered fatal injuries, and the others were taken to area hospitals with various injuries.

On May 20, a search warrant was obtained from Idaho Falls Community Hospital for Garcia-Diaz’s medical records. According to the documents, a toxicology test was conducted on Garcia-Diaz’s blood on May 22 after he was admitted to the hospital’s emergency room.

The toxicology report states that Garcia-Diaz’s BAC test was taken on May 18 and showed an “ethyl alcohol level of 1922.6 mg/Di.” That corresponds to a blood alcohol level of 0.192%.”