Two collisions within two blocks on I street resulted in the death of David Sprague and injuries to Jennifer Dixon

 

(9th and I where the collision took place and resulted in the death of David Sprague)

(7th and I where Maria Cuevas had to removed from her car )

(7th and I interesection where Jennifer Dixon was injured)

(House on 8th and I where Cuevas lived at the time of the collisions)

The photos above were taken by me on 12/7/24. They will help you visualize key locations as you read the detailed testimony.

I already did a post on vehicular manslaughter and DUI suspect Maria Cuevas' preliminary hearing on 12/6, the day it took place and concluded. This is a separate post with detailed and chronological testimony of a three hour preliminary hearing. Read all other posts which have exclusive details after the collision and the 12/6/24 which has the charges, ruling and next court date. 

(7th and I where Cuevas and her car were located)

(7th and I)

These two photos I took on 5/24/24 which was two days after the collisions occurred. These photos are of the 7th and I interesection.

All these locations are a part of public record from law enforcement and court testimony and known to the public for months before the preliminary hearing on 12/6/24.

Retired Judge Ksenia Tsenin was assigned to this trial. Deputy District Attorneys Roger Rees and Ian Harris are both prosecutors on the case. Mr. Rees handled the preliminary hearing. Ms. Andrea Sullivan is Cuevas' attorney.

David Sprague's family members were in court. Supporting Ms. Jennifer Dixon were Ms. Heidi Holmquist Wells who briefly stopped by and Mr. Douglas Kaber was there for most of the preliminary hearing. Ms. Sullivan asked witnesses be excluded. Although Ms. Dixon will be a witness for the jury trial, her presence was stated on record and she stayed in court for the entire preliminary hearing.

Eureka Police Detective Donald Bailey was the People's first witness. He responded to a call about a traffic collision involving a pedestrian on May 22, 2024. The lead officer for this collision was Heinrich Soltow. Det. Bailey was told to interview two eye witnesses by EPD Commander Leonard LaFrance. Caleb Ruiz was the driver of the truck. Christopher Torrance was the passenger.

Ruiz told Det. Bailey they were in a work truck going northbound on I street.  A gold sedan struck a pedestrian. Ruiz said "the gold sedan accelerated past them and it continued on I street after hitting the pedestrian."

Torrance said, "the pedestrian struck flew in the air and landed on the street." Torrance added that after striking the pedestrian, "the gold sedan struck several other vehicles."

Ruiz first noticed "the vehicle; the gold sedan on 14th street," Det. Bailey testified. He said that Ruiz and Torrance gave similar accounts of the incident and said they were interviewed separately.

Two additional witnesses were interviewed and evidence from Ring cameras was seen as part of the investigation. The spelling of every witness was not stated in court s if I am given any information if that Lily's last name is incorrect, I will update. "Lily Spahn was walking her dog. She heard something, turned around and saw gold sedan strike pedestrian and continue on," said Det. Bailey.

Susan Schumaker was walking her dog. She saw the "pedestrian fly through the air". Schumaker did not see "who or what struck pedestrian. The pedestrian was in the air for a long time. Schumaker heard the other collision after that," testified Det. Bailey. This would be the collision on 7th and I that injured Ms. Dixon.

During cross examination by Ms. Sullivan, Det. Bailey responded, Torrance and Ruiz believed he was in the crosswalk but weren't sure." Det. Bailey saud Torrance and Ruiz were "50 to 75 feet from the pedestrian. No one described erratic driving.

The second people's witness for EPD Detective Raymond Nunez. Just before 2 p.m. on May 22, 2024, Det. Nunez responded to two collision locations. One was at 9th and I; the other on 7th and I.

It was very hard to hear in the courtroom due to various reasons and it is up to the Judge to make sure the witness testifying can be heard. After the hearing, I was asked by someone sitting in the courtroom, "I don't know how you can hear what is being said."

So, I don't know if different officers were leads in the two different locations because Soltow,  Solomon, Sollom when mumbled is hard to tell. Again, if I am given any information to correct, I will update the post. Since EPD Officer Jeremy Sollom testified later, that is who I am going to refer to in Det. Nunez's testimony.

Det. Nunez said that he was co-lead with Officer Sollom. He interviewed a "female subject who removed items from Ms. Cuevas' vehicle." That woman was Giselle Baptista or Giselle Bautista. I think it was Baptista so I am going with that last name. Again was hard to hear. 816 I street is Baptista's residence. She heard the "initial collision occur" and saw David Sprague and "saw people rendering aid."

Baptista learned Cuevas was involved. "Ms. Cuevas also lives at 816 I street," said Det. Nunez. Baptista took purse and two car seats out of Cuevas' car. " Det. Nunez referred to Baptista's "relationship " with Cuevas. I have no idea what that means because no details were given other than they both resides at the clean and sober house. Baptista gave Cuevas' purse to Afreda Marshall who is another resident of 816 I street. The car seats were placed "in the foyer of the entrance" and Marshall placed the "small black purse" on Cuevas' bed.

Det. Nunez took the purse, transported it to EPD headquarters and placed it into evidence. Det. Nunez got a search warrant for the gold sedan. "Inside the vehicle, a blue color nozzle, a CHP 180 form, a Bluetooth speaker and a vape pen were found," testified Det. Nunez. "The nozzle is similar to those used on nitrous oxide canisters to inhale. There was a wallet in the vehicle. The items in the wallet belonged to Ms. Cuevas. There was a prescription pill bottle." Det. Nunez identified Cuevas in court. 

House Manager Beverly Spencer "heard the initial collision, went outside, walked to 7th and I where Cuevas was and saw pedestrian at 9th and I."

Spencer told Det. Nunez about a prior collison Cuevas was involved in and then Mr. Rees went off on a series of questions about alleged nitrous oxide usage by Cuevas and was unsuccessful during this question exchange. Someone Det. Nunez only identified as "Mr. Creighton" assisted Baptista in removing the car seats from Cuevas' car. 

Video footage from 730 7th street from the Kaber law office was viewed by EPD. "The cameras are located in the alleyway and are pointed towards the street. You see Ms. Dixon's vehicle turn on I street going northbound. You see gold Marquis sedan 6 seconds later. The gold sedan is traveling faster than other vehicles. The collision was not captured on camera. You see Baptista carrying car seats."

During cross examination by Ms. Sullivan, Det. Nunez said the search warrant was executed on 5/30/24, "about a week after the incident. The bluetooth speaker was in front of the vehicle." Det. Nunez said EPD "did not find nitrous oxide" and he "believes photos were taken before the items were removed."

Ms. Sullivan asked Det. Nunez about the MATE computer system in the gold sedan. Det. Nunez said "MATE was contacted. I don't believe the special feature was in the vehicle because the sedan is 2000 model."

CHP Officer Kyle Phillips was the third People's witness. On May 17, 2024, he responded to an incident Cuevas was involved in near the Airport Rd exit off US 101 in Mckinleyville. 

"Her vehicle had gone off the enbankment."  When Officer Phillips arrived, Cuevas was "being seen by medical personnel."

Quincy McBride who was in the car with Cuevas told Officer Phillips that Cuevas "had taken a lot of nitrous oxide before the collision."

Cuevas admitted to taking nitrous oxide and said she had an altercation with McBride and then "passed out."

Officer Phillips gave Cuevas a PAZ test which showed "0 results for alcohol" and a HGN test and "based on those results", Officer Phillips determined Cuevas was not impaired.

McBride had no injuries from collision but he claimed he" hurt his hand punching the window to get Cuevas out of the vehicle".

There were two witnesses on scene. One was "Mr. Heston" who said "Cuevas was driving erratically and swerving a lot."

"Ms. Goodwin saw McBride hid nitrous oxide behind a bush." Officer Phillips' partner recovered nitrous oxide where McBride said "he had hidden it."

Officer Phillips said the "Mercury Grand Marquis" Cuevas was driving looked "grey to me. This was at 7 p.m. The license plate was 9K00192." 

In response to a question by Mr. Rees, Officer Phillips said the metalic paint on the Grand Marquis could be a different color under "different lighting."

Under cross examination, Officer Phillips said the nitrous oxide canister was "as large as a fire extinguisher" and "it was in the back of the car." He "didn't seize it because it is not illegal to have." Officer Phillips said nitrous oxide is "fast acting" and "effects last for a short time."

The fourth and last witness for the People was EPD Officer Jeremy Sollom. He is on the EPD Fatal Traffic Response Team. 

On 5/22/24 "around 1:45 p.m.," Officer Sollom heard about a traffic collision over the radio. "When I arrived, other officers were already on scene."

Officer Sollom responded to  7th and I. "Multiple vehicles were involved in a collision. One vehicle was against a building. It was a 2000 Grand Marquis license plate 9K00192. "

Officer Sollom described the color as "pewter." In response to the same question Mr. Rees asked Officer Phillips, Officer Sollom said "you could call it gray or gold. It depends on the lighting."

Cuevas was in her vehicle. Officer Sollom knew there was a fatal traffic collison involving a pedestrian. He requested "multiple medical units."

"Medical was already en route for the pedestrian," said Officer Sollom. "Injuries at 7th and I were Maria Cuevas as well as the driver of a Honda SUV, Jennifer Dixon. I had prior contacts with both as part of work. Cuevas was living in a safe and sober facility."

Officer Sollom described the scene as "chaotic." He was focused on medical injuries for "Cuevas and Dixon. It was not the time to get a statement."

Cuevas' car had "heavy front end damage consistent with at least one or multiple front end collisions. The Honda SUV had major rear end collision damage. A total of five vehicles were involved in the collision on 7th and I. Two other vehicles besides Dixon's were occupied."

Officer Sollom "went down to 9th and I. There was a pedestrian in the roadway. There was debris from a vehicle in the roadway and some glass. We determined it belonged to the victim from a bag he was carrying." Officer Sollom had already been notified the pedestrian had died.

An autposy was performed by Dr.Kushner. Cause of death for Sprague was "major head trauma as a result of impact." Officer Sollom corroborated the items Det. Nunez said were found in the vehicle.

Later, when Cuevas was interviewed, she said the "bluetooth speaker had become lodged and caused a collision." This interview was the day after the collision. There were three interviews conducted by Officer Sollom with Cuevas. Det. Nunez was present for one of them.

Cuevas told Officer Sollom that she "had just left DMV (which is at the Bayshore Mall) and gone to McDonalds (there is one by the mall). She was getting ready to drive for a test at Healthy Moms. Cuevas said she used whippets at 9th street, then said she was not using whippets, later said she was using whippets before collision."

Officer Sollom said whippets aka nitrous oxide effects wear off quickly. This corroborated a question Ms. Sullivan asked a previous witness.

"Cuevas said after she collided with the subject at 9th and I, she threw the nitrous oxide over the back of the seat. Cuevas said she was losing control. "

Officer Sollom said Cuevas first denied using nitrous oxide, "then said she did one time, as interview proceeded, she said she used it 4 times." 

Cuevas told Officer Sollom when "she turned from Harris onto I street, either the vape or bluetooth speaker got lodged and impaired her ability to brake."

Cuevas said after "hitting the pedestrian at 9th and I, she couldn't stop because the dislodged item impaired her ability to brake.

Officer Sollom did not see dents or pressure on the items Cuevas mentioned and he tested to see if they would impair Cuevas' ability to brake.

Officer Sollom testified about the video footage from Kaber Law Firm and a Ring camera.  The footage did not "capture either collision." Officer Sollom said Cuevas "appeared to be traveling the speed limit." Additional footage from Premier Financial Services at 6th and I was "fairly grainy and was approximately 300 feet from the collision."

On cross, Ms. Sullivan asked Officer Sollom about Cuevas' demeanor. "She appeared out of it. Her demeanor was consistent with someone involved in a major collision. "

Officer Sollom responded "yes" to Ms. Sullivan asking if Cuevas was cooperative. Officer Sollom said Cuevas "appeared to have a concussion  It was confirmed later Cuevas also had a prior concussion from CHP incident."

Cuevas had an injury to her leg. This would explain why she was in a wheelchair for initial court proceedings. "The second interview with Cuevas was at St. Joe's hospital. She said she struck something and didn't realize it was a person. Cuevas said she was grabbing something from the floor while driving."

Related post:

https://johnchiv.blogspot.com/2024/12/daughter-of-pedestrian-who-died-in-9th.html?m=1

Previous posts:

https://johnchiv.blogspot.com/2024/12/several-eye-witnesses-saw-pedestrian.html?m=1

 https://johnchiv.blogspot.com/2024/12/marsden-hearing-denied-in-maria-cuevas.html?m=1

 https://johnchiv.blogspot.com/2024/08/besides-her-7th-and-i-case-cuevas-has.html?m=1

 https://johnchiv.blogspot.com/2024/08/kreis-removed-from-maria-cuevas-case.html?m=1

 https://johnchiv.blogspot.com/2024/08/da-files-declaration-in-7th-i-collision.html?m=1

 https://johnchiv.blogspot.com/2024/07/entire-humboldt-bench-files-recusal.html?m=1

 https://johnchiv.blogspot.com/2024/07/guess-who-may-end-up-as-maria-cuevas.html?m=1

 https://johnchiv.blogspot.com/2024/07/maria-cuevas-charged-in-may-22-seven.html?m=1

 https://johnchiv.blogspot.com/2024/05/humboldt-bar-association-president-and.html?m=1

 https://johnchiv.blogspot.com/2024/05/based-on-preliminary-findings-it.html?m=1