Watauga Democrat
April 7, 2009


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Reyes pleas in DWI death case
By Melanie Davis Marshall

The man accused in the 2007 drunk-driving death of a Boone man agreed to a plea bargain that will send him to prison for more than 15 years.

Juan Manuel Juarez Reyes


Juan Manuel Juarez Reyes, 26, appeared Monday in Superior Court and entered into a plea agreement regarding multiple charges stemming from a November 2007 collision that claimed one life and seriously injured two others.

Reyes pleaded guilty to second degree murder, two counts of assault with a deadly weapon [vehicle] inflicting serious injury and misdemeanor driving while impaired. His combined sentence totals a minimum of 15 years, four months, to a maximum of 20 years, nine months.

The deadly wreck took place at 11 p.m. on Nov. 23 on N.C. 105.

A Lexus, driven by Sallie Newell, was stopped on N.C. 105 waiting to turn left onto Poplar Hill Drive. Brian Newell was riding in the passenger seat, and two of the couple’s children, Andrew “Drew” Newell and Jacqueline “Jackie” Newell, were in the back seat.

Police said Reyes had been driving while intoxicated and speeding when the Ford Explorer he was driving slammed into the rear of the Newell vehicle.

The Lexus was pushed 250 feet on N.C. 105, where it came in contact with a Ford patrol car, driven by Watauga County Sheriff’s deputy Perry Scott Brown, who was in the area due to citizen call concerning a suspected intoxicated driver on N.C. 105.


On Monday, more than 60 people filled the courtroom to hear the plea agreement. There were five family members present in support of Reyes. Seven rows were filled with friends and family members of the Newells.

Reyes was lead into the courtroom in shackles dressed in a suit and tie. A certified interpreter was present to ensure Reyes fully understood the charges against him.

Superior Court Judge Richard Doughton heard the case presented by assistant district attorney Charlie Byrd. Court-appointed attorney Garland Baker represented Reyes.

Baker, an Ashe County attorney, said he was appointed to Reyes because all Watauga lawyers cited conflict of interest.

In the case of a plea agreement, a summary of evidence is presented to the judge. Byrd began the case with the 911 call regarding a possible intoxicated driver.

The caller spotted the Explorer in front of the Invershiel Shopping Center in Banner Elk.


The caller said the vehicle ran off the road, swerved back on and accelerated to a high rate of speed.

The call came from another driver on the road, who followed the Explorer into the Foscoe area before losing track of the vehicle.
The caller reported the Explorer tailgated other vehicles and “crazy driving” in general.

Helen Oberlies, Reyes passenger in the Explorer, told police she knew Reyes had been drinking.

She also told investigators that Reyes’ driving scared her that night and she had repeated asked him to slow down.


Oberlies added, when traveling on N.C. 105 toward Boone, she noticed vehicles ahead as they were passing Ross Chrysler Jeep and warned him. Oberlies was injured in the collision. She was transported to Watauga Medical Center and released later the same day.


Byrd presented the judge with a diagram depicting the paths of travel and where the vehicles came to rest following the collision. He also presented photos showing the damage to both vehicles.


The evidence summary on the charge of assault with a deadly weapon — inflicting serious injury — included of photos of the injured Newells, statements from doctors outlining injuries, and medical examiner’s statement regarding the cause of Drew Newell’s death report.

Jackie Newell suffered facial injuries and required dental surgery.


Brian Newell suffered major brain trauma and was hospitalized for approximately two months after the collision.

A collision reconstruction expert of Boone Police Department gathered evidence from the scene. According to the officer’s findings, Reyes was traveling a minimum of 56 mph at time of impact.

It took rescue workers approximately 45 minutes to free the Newell family from the wreckage.


Byrd also outlined Reyes’ behavior after the accident.

A BPD officer administered field sobriety tests and determined Reyes to be intoxicated. According to the evidence summary, Reyes was stumbling and slurring his speech. He completed several tests, and then told officers, “I’m not doing any more. I am drunk.”

Reyes refused a blood alcohol content test. Officers obtained a search warrant and blood was drawn just before 1 a.m., two hours after the collision. Reports state his BAC was .16 — twice the legal limit.

Upon Reyes’ arrest in 2007, Boone Police contacted the U.S. Immigration and Customs Enforcement (ICE) and discovered that he is in the U.S. as an illegal immigrant. ICE indicated Reyes was caught by a border patrol in 2002 while attempting to enter the United States, and was returned to Mexico at that time.

Procedure in cases of an illegal immigrant charged with criminal activity states the individual is to serve out the punishment in the U.S., followed by immediate deportation.


 



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