SAN JOSE – A man in an alcohol and cocaine tamer had oral sex right before he drove his build-quality pickup truck into an unsuspecting group of people sitting outside the San Jose bar he had just been kicked out of, according to New published court documents.
This report was compiled from more than a dozen testimony from witnesses, security officers and staff at the Agave Sports Bar and Grill on West Alma Avenue after a woman was killed and two men seriously injured Friday night.
Alex Moreno, 32, of San Jose, was found in connection with a fatal accident on the 11th (San Jose Police Department)
Alex Corpus Moreno, 32, of San Jose, was formally charged Wednesday with gross negligence and driving under the influence of injuries. He has been in the district’s main prison since his arrest on late Friday, where he refused to take breath and blood tests to assess his level of intoxication.
The woman who died, Diana Prieto-Chacon, 35, was a Colombian national who briefly resided in the United States and had a young daughter at home, according to court documents and a message from her mother on Facebook. Friends who spoke to Telemundo earlier this week said Prieto-Chacon worked in the bar, but that was not confirmed in any of the bar manager’s statements to police.
In the Facebook message, the victim’s mother said Prieto-Chacon was the best daughter taken prematurely and she adds that she cares for her child.
In a police report attached to the criminal complaint, Moreno was told to leave the bar after showing signs of severe intoxication and reportedly using cocaine outdoors. One of the last straws seems to have been when he tried to take off a woman’s top.
Bar workers and security guards told police that Moreno and his companion, a 24-year-old woman, had agreed to leave and walked to the parking lot east of the restaurant and got into his white 2017 Chevrolet Silverado, owned by his employer Benicia. based Quality Erectors and Construction, Inc.
Several witnesses said that Moreno and the woman sat in the truck for about half an hour. The woman, who said she had several tequila shots at the bar, told police that she started having oral sex with him while he was in the driver’s seat and that she didn’t notice the truck was moving.
She told investigators that her next memory was pulled from the truck after the crash. According to police investigations and witness reports, the truck drove across the parking lot at 45 mph, drove through umbrellas and tables – forcing guests to jump out of the way – and eventually met a group of three people, including Prieto-Chacon .
The three victims, who had been sitting at a table, were pinned to the side of the restaurant by the truck, which security personnel said was still turning after the impact. According to a police report, a security guard had to turn the truck’s transmission back on to stop the vehicle and rescue the injured.
Moreno was pulled out of the truck by security forces who held him until the San Jose police arrived. One officer described Prieto-Chacon, who was most seriously injured, as having a weak pulse and difficult breathing. She died about three hours later at Valley Medical Center.
The other two victims, men between 30 and 40, suffered severe leg injuries and are expected to survive.
The woman with Moreno first tried to take the blame for the clash and even told investigators that, according to the police report, she drove, apparently out of guilt for her role in the accident. But she eventually withdrew that claim, and the majority of witness reports said Moreno was driving. The woman’s name is withheld by this news organization because she has not been arrested or charged with a crime.
Following the accident, a police officer said in a report that Moreno showed signs of intoxication, including an unsteady gait, bloodshot eyes, strong alcohol odor on his breath and heavy sweat on his face. Moreno declined on-site blood alcohol tests, and police later received a search warrant to force a blood sample from him.
The results were not included in the police report, but the criminal complaint was filed on the basis of observations made by police and witnesses, and Moreno’s own report to investigators that he had been drinking that evening and his admission that “he had the effects of the Beverages.”
“The last thing he remembered was (walking) from the restaurant to his vehicle,” the police report said. Moreno’s employer later said in a statement that he was not allowed to use his vehicle outside of the clock.
Social media editor Alejandra Armstrong contributed to this report.