Grand jury indicts driver in fatal crash

Bill Gang

Thursday, Aug. 5, 1999 | 11:45 a.m.

Bail finally has been set for the man charged in the Fourth of July tragedy that killed two members of a family and seriously injured a third -- a 12-year-old girl -- but it appears unlikely he will get out of jail.

Although Justice of the Peace Nancy Oesterle had ordered 29-year-old Antonio Aguayo held without bail pending resolution of his case, Chief District Judge Lee Gates set bail Wednesday after the defendant's indictment by a Clark County grand jury.

The amount, however, was $650,000 on the 11 counts that included drunken driving, reckless driving, involuntary manslaughter and leaving the scene of an accident. He had been arrested on those charges previously and was sitting in jail awaiting a preliminary hearing.

But the indictment replaces the need for a Justice Court preliminary hearing to determine if there is sufficient evidence to hold Aguayo for trial. The case proceeds directly to District Court, where an Aug. 12 arraignment has been set in District Judge John McGroarty's courtroom.

Deputy District Attorney Gary Booker said the incident that brought Aguayo to court was "a hell of a crash."

Blanca Machado, 51, was killed when Aguayo's pickup truck slammed into her and the two other victims. The first victim's daughter, Norma Machado, 24, was knocked into a parked car where an imprint of her body was left. She died several hours later.

Twelve-year-old Erika Fernandez was the only survivor of the incident that killed her grandmother and aunt as they were preparing to set off fireworks to celebrate Independence Day about 8:30 p.m.

Booker blamed too much speed and alcohol for the deadly incident. Aguayo's blood-alcohol was tested after his arrest at 0.12 percent -- above the 0.10 percent that is the necessary level to prove drunken driving.

The truck jumped the curb and hit the trio and a parked car on Tillamook Avenue before sliding to a halt at Longfellow Street.

Booker said Aguayo attempted to flee the area on foot but was grabbed by neighbors and held until police arrived.