MINEOLA, NY – Nassau County District Attorney Madeline Singas announced that a Locust Valley man was arraigned on aggravated vehicular homicide, manslaughter and other charges for allegedly driving drunk and crashing into an ambulette in 2019, killing the patient inside, a retired NYPD Detective.
Alvaro Gutierrez-Garcia, 28, was arraigned on April 30 before Judge Robert McDonald on charges of:
- Two counts of Aggravated Vehicular Homicide (a B felony)
- Manslaughter in the Second Degree (a C felony)
- Vehicular Manslaughter in the First Degree (a C felony)
- Two counts of Aggravated Vehicular Assault (a C felony)
- Vehicular Manslaughter in the Second Degree (a D felony)
- Two counts of Vehicular Assault in the First Degree (a D felony)
- Two counts of Assault in the Second Degree (a D violent felony)
- Two counts of Vehicular Assault in the Second Degree (an E felony)
- Reckless Endangerment in the Second Degree (an A misdemeanor)
- Reckless Driving (an unclassified misdemeanor)
- Two counts of Operating a Motor Vehicle While Under the Influence of Alcohol (an unclassified misdemeanor)
- Aggravated Driving While Intoxicated (an unclassified misdemeanor)
Bail was continued at $150,000 bond or cash, and the defendant is due back in court on May 28. If convicted of the top count, he faces a maximum of 8-1/3 years to 25 years in prison.
“Denis Motherway, a retired NYPD Detective, bravely served the residents of New York City for 18 years before his life was tragically cut short by an alleged drunk driver,” DA Singas said. “My office is committed to aggressively prosecuting every case against people who drink and drive.”
DA Singas said that on September 1, 2019, at approximately 11:45 pm, the defendant was allegedly driving a 1997 Cadillac sedan eastbound at a high rate of speed on Forest Avenue in Glen Cove when he struck a private ambulette driving southbound on Walnut Avenue. The force of the crash caused the ambulette, which was transporting a patient to Glen Cove Hospital, to overturn.
Gutierrez-Garcia did not sustain any injuries during the crash, while his front-seat passenger
suffered minor injuries. The EMT inside the ambulette suffered serious physical injuries, while the driver suffered minor injuries.
Denis Motherway, 85, the patient inside the ambulette, later died of injuries suffered during the crash. Mr. Motherway was a retired NYPD Detective whose son, Timothy Motherway was also killed in a drunk driving crash in March 2009.
Senior District Attorneys Lisa Corso and Tara DePalo of DA Singas’ Vehicular Crimes Bureau are prosecuting this case. The defendant is represented by Jeff Groder, Esq.
The charges are merely accusations and the defendant is presumed innocent until and unless found guilty.