Prosecutor: Drunken Driver Asleep At Wheel

via CAAI News Media

Father Of 7 Killed In Methuen

February 8, 2010

BOSTON -- A drunken driver was asleep at the wheel when he struck and killed a jogger in Methuen last week, according to prosecutors.

Police say David Diaz, 23, was driving on Route 110 Friday morning when he struck Lay Bou, 56, who was out for his regular morning run. Bou was rushed to a local hospital, where he was pronounced dead after the 8:30 a.m. crash.

Prosecutors say Diaz claims he fell asleep and doesn't remember the crash. Officials said three witnesses identified Diaz as the driver.

"The officer approached the defendant, asked what happened, his response was, 'I don't know what happened,'" prosecutor Jennifer Kunsch said.

Diaz told police he left work at 3 a.m. and went to a friend's house, where he consumed several beers.

A not guilty plea was entered for Diaz on motor vehicle homicide, operating under the influence and a marked lanes violation.

"This is a tragic circumstance for all parties. The family of my client wishes to express their heart-felt condolences," defense attorney John Valerio said.

Bail was set at $10,000 and Diaz was ordered not to drink and not to drive if he posts bail.

He was also ordered to submit to bi-weekly breathalyzer tests and told to surrender his passport.

Diaz suffered minor injuries in the crash and was taken to a hospital, where his blood-alcohol content was .16, police said. The case was continued to March 4.

Bou, who immigrated to the state from Cambodia, was a retired machine operator for Colombo yogurt. He had seven children.

Bou's family was in the courtroom, but too distraught to talk after hearing the details of the crash. On Thursday night, they described their father has a hard-working family man.

"He did really well and worked really hard to support the family," one family member said.