Judge criticizes Miami police investigation into motorcycle crash that left woman speechless, citing lack of blood test for alcohol while driving – WSVN 7News | Miami News, Weather, Sports

(WSVN) – A Miami-Dade County judge is criticizing Miami police for their investigation into a horrific motorcycle crash that left a 26-year-old woman speechless and the driver only given a ticket. 7’s Jessica Holly reports the new details on today’s episode of 7 Investigates.

The once outgoing and energetic Marian Sanchez Cuevas was the passenger on this motorcycle that crashed in Coconut Grove on September 24, 2023.

Marian suffered a traumatic brain injury and had to have part of her leg amputated. She has not spoken since.

Sahily Cuevas, mother: “We hope and wait for the first words from her.”

The motorcycle was driven by Nicolas Araujo, a Miami-Dade County firefighter who was off-duty at the time.

Police officer in bodycam video: “Give me two rescues, please.”

Nicolas was injured but recovered. He was charged with careless driving, not immediately after the accident, but four months later.

And on Thursday afternoon there were heated discussions in traffic court.

Judge Steve Leifman: “This is unacceptable.”

Miami-Dade District Court Judge Steve Leifman reprimanded the Miami Police Department Traffic and Homicide Unit detective in charge of the case for not being adequately prepared for the Zoom hearing.

Judge Steve Leifman: “Are you telling me that there are no cameras on any computer at the City of Miami Police Department?”

Motorcyclist Nicolas Araujo did not appear at the hearing. A lawyer filed a no contendere (no objection) on his behalf. He was fined and his driver’s license was confiscated.

Andrew Perlin, witness: “I mean, it was scary, really.”

The judge gave two witnesses the opportunity to speak. They stated that they saw the motorcycle speeding and ignoring a stop sign.

Mike Forenza, witness: “I mean, this is the clearest case of drunk driving I’ve ever seen.”

This reflects his statement to a police officer at the scene in the bodycam video that 7 Investigates broadcast in May.

Mike Forenza (in the bodycam video): “If he makes it, he should go to prison, for life. If he makes it. The poor girl is – he must be drunk.”

A photo from a tailgate party on the day of the accident showed both Nicolas and Marian holding drinks.

Jessica Dehombre, cousin: “I was personally the one who contacted everyone who was there that day and collected the photos and videos of him drinking all day.”

However, investigators never requested a blood alcohol test.

Gabriel Varona, friend: “Apparently he was never tested. That doesn’t make any sense to me.”

Marian’s friends and family wondered for a long time why it never happened.

On Thursday, the judge did the same.

Judge Steve Leifman: “I don’t know why they didn’t do a blood test on him, which is normally standard procedure when there is a suspicion. In cases of serious bodily harm, it is required by law. So I share your curiosity and frustration.”

Miami police have long maintained that there was no physical evidence at the crime scene that Nicolas was impaired.

His defense attorney agreed.

Bradley Horenstein, attorney: “There was no smell of alcohol; there is no mention of it in the reports. There was no suspicion of alcohol in this case.”

Marian’s family also spoke to the judge about their outrage over Detective Luis Vargas’ investigation.

Cristy Dehombre, cousin: “I’m sorry, but I’m very emotional hearing how poorly this detective did his job. The father tried to call Detective Vargas many, many times, but he never called back. I’m listening to this detective saying there was no suspicion of alcohol there. That’s (expletive).”

Judge Steve Leifman: “I have been a judge for almost 30 years, and this is a very unusual situation that I think certainly should have been investigated much more thoroughly than it was.”

Meanwhile, Marian has shown some encouraging progress in recent months.

Sahily Cuevas: “Close your eyes when you feel good.”

But the road ahead of us is long.

Sahily Cuevas: “This is how we feed Marian, four times a day.”

Although his traffic case is now over, Nicolas Araujo still faces a civil lawsuit filed by Marian’s mother, who accuses him of driving while intoxicated and is seeking over $5 million in damages.

In Miami, Jessica Holly, 7News.

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