Ex-cop to be charged with vehicular manslaughter

After an alleged night of heavy drinking and driving on May 31, a retired police officer fatally struck a 34-year-old man around 3 a.m. on Broadway near the intersection with the Henry Hudson Parkway, according to police.

Officials confirmed that Mario Nunez of Washington Heights died from injuries sustained in the crash after being taken off life support at St. Barnabas Hospital on June 5.

Authorities were poised to charge the driver, Jorge Hernaiz, with vehicular manslaughter this week. He has already been charged with driving while intoxicated, assault in the second degree and resisting arrest.

“The defendant is charged right now with assault in the second degree. But we’ll be going to a grand jury, and I expect that to happen at some point this week,” Bronx Assistant District Attorney Louis Mendys, Jr. said.

Mr. Hernaiz reportedly confessed that he was heavily intoxicated at the time of the crash. The criminal complaint quoted him telling police he drank a bottle of vodka in his car and a can of beer at a billiards venue before driving his 2013 Toyota Camry onto the Henry Hudson Parkway. Mr. Hernaiz claimed he checked for cars and pedestrians, but did not see anything near the off ramp of Exit 23.

Responding police found Mr. Nunez lying in a pool of blood while Mr. Hernaiz was unsteady on his feet near his dented vehicle. The Camry reportedly contained a pint-sized bottle of Svedka Vodka with just one ounce remaining.

An officer said Mr. Hernaiz refused to place his hands behind his back during the arrest, fighting and saying, “I don’t want to have to hurt one of you.” It reportedly took six officers to restrain the suspect, causing one officer to strain his back.

“He’s a pretty big guy,” 50th Precinct Capt. Johnny Orellana said of Mr. Hernaiz. He added that the suspect, who lives in the Bronx’s Belmont neighborhood, had never worked for the 50th. Officials did not immediately confirm where he had worked.

Capt. Orellana speculated that additional evidence including the speed at which Mr. Hernaiz was traveling would be downloaded from the Camry’s computer system.

The 50th Precinct reported 256 collisions within its borders in April, the latest month for which data are available. One pedestrian, Margaretta Harmon, was killed (see story, page A4), and six others were injured.

A charge of vehicular manslaughter in the first degree carries a maximum sentence of 15 years, according to a spokeswoman for the Bronx DA. 

Mr. Hernaiz posted bail and is expected back in court on July 14.