New Charges Filed Against Westfield Men Involved in Fatal Accident
Charles Casiere, 84, was charged today with vehicular homicide and assault by auto, while John Diaz, 74, was charged with second degree leaving the scene of an accident.
Photos
Charles Casiere, 84, and John Diaz, 74, both of Westfield, were served with additional charges earlier today in connection with the fatal accident that took the life of Patricia Currie, 68, of Scotch Plains, in late January, announced Union County First Assistant Prosecutor Albert Cernadas, Jr.
Casiere, who stopped at the scene, was previously charged with driving while intoxicated, failure to yield to a pedestrian in a crosswalk, and reckless driving. Today, he was charged with vehicular homicide and assault by auto.
Diaz was previously charged with driving while intoxicated, failure to yield to a pedestrian in a crosswalk, failure to report an accident and reckless driving. Today, he was charged with second degree leaving the scene of an accident.
According to the investigation, around 6:05 p.m. on January 25, a car driven by Currie was passing through the intersection of North Avenue at Tuttle Parkway when it appears she grazed a pedestrian as he crossed the street, said Cernadas. Currie immediately stopped and offered assistance to the man, attempting to lead him across the street.
Witnesses reported that as the two walked across the road, a Chevy Cavalier, driven by Casiere struck the pair causing injuries and propelling them several yards down North Avenue.
Almost immediately after, a second vehicle, a GMC pickup, driven by Diaz struck Currie, who was now in the roadway, said Cernadas, causing further injury.
Currie was taken to a local hospital and pronounced dead a short time later. The male pedestrian was transported to University Hospital in Newark for treatment.
Union County Superior Court Judge Scott J. Moynihan set Casiere's bail at $50,000 with a condition of bail that he have interlock, a car breathalyzer, on any car he drives. Judge Moynihan set Diaz's bail at $25,000 with a condition of bail that he have interlock on any car he drives as well.
Both men surrendered to the Westfield Police Station earlier today and posted bail.
These criminal charges are mere accusations. The defendant is presumed innocent until proven guilty in a court of law.
Jon
2:51 pm on Thursday, June 21, 2012
Bail is too low for murder. I love drinking and driving if I kill someone I expect more punishment. A person can loose everything getting drunk driving and not even be dangerously drunk like these two idiots.
Betty
4:04 pm on Thursday, June 21, 2012
How do they know who was responsible for killing the woman? Both cars hit her but only one driver was charged with killing her.
Janet Martin
5:42 pm on Saturday, June 23, 2012
Betty, Charles C was charged with murder because he hit her first, placing her in the roadway to be hit by the second driver
dotherightthing
6:41 pm on Saturday, June 23, 2012
Where were these two were being served alcohol to the point of being drunk? Does the bar bear any responsibility?
A.John Blake
9:04 pm on Saturday, June 23, 2012
Has it ever been determined why Ms. Currie was leading the pedestrian to the farther side of North Ave.? Why were these two "pedestrians" now attempting to reach the far side of North Ave. rather than seek the safety of the side closest to them?
Did any officials ever seek the hospital records of both Ms. Currie and the pedestrian to see the results of the blood tests that had to have been performed on each? If either of them had any substance in their system, it would have to be in those reports. This might help explain the original accident that set this tragedy in motion.
There is no reason to excuse the offense of drinking and driving as has been done against the two accused. It is another thing to charge them criminally if there is culpability on the part of the victims?
Some explanation should be made concerning how and why the first accident occurred. Certainly the blood tests of both victims will be discoverable during the preparation for trial.
It will be interesting to find out why Ms. Currie struck Mr.Kervik and why the two of them tried to go to the far side of the street.
John Blake
Frank Esq
11:19 pm on Saturday, June 23, 2012
A. John Blake: as much as you may like to think so, you are not an expert on every matter that you comment on on this site. It is the job of the Prosecutor's Office to examine the facts in the case and make the decision whether or not to press charges. I am sure you are not the first one to look at anomalies in the case and obviously the Patch does not have access to all the details, especially at this point in the investigation. If the prosecutor did not think the gentlemen committed the crimes they were charged with and did not believe there is evidence to prove them guilty, then they would not have been charged in the first place. If the men are innocent, then they will be proven so at trial (assuming they plead not guilty).
Wally Westfield
4:09 pm on Sunday, June 24, 2012
AJB,
While I usually enjoy and agree with your posts from your laptop @ 16 Prospect, I must say this one disappoints. Mr Kervick was excercising by taking a walk around Roosevelt Middle School and was crossing North Ave on his way back to his residence on the south side of town when he and Ms Currie had their unfortunate encounter. Ms Currie was being a good samaritan and aiding Mr Kervick in his journey back to his residence. Shame on you for implying anything else.
A.John Blake
6:12 am on Sunday, June 24, 2012
To Frank Esq.
I have no doubt there is evidence that these men committed offenses but there is a big difference between that and proof " beyond a reasonable doubt".
The cause of the original accident between Ms. Currie and Mr.Kervik has never been explained nor has the problem created by their attempt to reach the far side of North Ave. Also Mr. Diaz is not charged with Ms.Currie's death. What facts lead one to believe he was not a cause? Why is he charged with leaving the scene when he was still there when the police arrived?
John Blake
faith
11:38 am on Sunday, June 24, 2012
i feel so sad for the currie family......
A.John Blake
5:53 am on Monday, June 25, 2012
To Wally Westfield,
I have no doubt that Mr.Kervick was crossing North Ave when struck by Ms Currie. The question is "why did she strike Kervick". She cannot explain and he has not made any public statement and, in truth, may not remember.
One of the things the investigators will do is to check the blood tests on all the parties. It will be interesting to learn the results. A desire to obtain facts is reasonable and no shame is attached to the search.
I also thought Mr. Diaz stopped at the scene and was given permission to leave. His Identity was known to the police immediately. If he struck Ms.Currie, why was he charged with only "leaving the scene"?
It was perfectly proper for Ms.Currie to help Mr.Kervick but the nagging question is why they did not seek the safety of the closest sidewalk. Mr.Kervick must have been hurt to need assistance. Why try to get to the far side of the street.
These are all questions which must be answered in a trial, I see nothing "shameful" in asking them here.There had to be a reason for the original accident. It has never been explained.If Diaz stopped and was told he could leave, then why is he charged as he is?
John Blake