picture of victim, Hector Avalos
Robert Vais plead guilty recently to Aggravated DUI in the death of Hector Avalos. It is a Class 2 Felony and carries a sentence of 3-14 years with only a possibility of probation and fines of up to $25,000.00.
At the hearing the Prosecutor, Assistant State's Attorney Shawn Concannon noted that the breathalyzer taken at 2:06 a.m. (over two hours after the fatal crash) was .118. However, THE BLOOD DRAW TAKEN AT ST. ANTHONY'S AFTER THE CRASH CAME BACK AT .152 ACCORDING TO THE TOXICOLOGIST. That is nearly double the legal limit of .08. In other words, Vais was at a high level of intoxication at the time of the crash than his breathalyzer over two hours after the crash. Two hours later he was still at .118.
At the hearing Vais acknowledge on the record that he was pleading guilty of his own free will and understood that it was a "blind plea" meaning there was no guarantee as to what his sentence would be. Judge Ford will determine his sentence.
Sentencing is scheduled for November 17, 2015 at 11:00 a.m. in Courtroom 702 (Judge Nicholas Ford) at 26th & California.