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MIAMI-DADE COUNTY, Florida (WSVN) -- A Miami-Dade County judge is criticizing Miami Police about its investigation into a horrific motorcycle crash that left a 26-year-old woman unable to speak. The driver was only issued a traffic citation. 7’s Jessica Holly has the new details in tonight’s 7 Investigates.
A once outgoing and energetic Marian Sanchez Cuevas was the passenger on this motorcycle that crashed in Coconut Grove on Sept. 24, 2023.
Marian suffered a traumatic brain injury and had part of her leg amputated. She has not spoken since.
Sahily Cuevas, mother: “We are hoping and waiting for the first words [from] her.”
The motorcycle was being driven by Nicolas Araujo, a Miami-Dade County firefighter who was not on duty at the time.
Police officer in body camera video: “Give me two rescues, please.”
Nicolas was hurt but recovered. He was issued a careless driving citation, not right after the accident, but four months later.
And on Thursday afternoon in traffic court, things turned heated.
Judge Steve Leifman: “This is unacceptable.”
Miami-Dade Circuit Judge Steve Leifman scolded the Miami Police Traffic Homicide detective on the case for not being prepared for the Zoom hearing.
Judge Steve Leifman: “Are you telling me there’s no cameras at any computer at the City of Miami Police Department?”
The motorcycle driver, Nicolas Araujo, did not attend the hearing. An attorney entered a no-contest plea on his behalf. He was fined, and his license was suspended.
Andrew Perlin, witness: “I mean, it was haunting, it really was.”
The judge allowed two witnesses, who said they saw the motorcycle speeding and running a stop sign, the chance to speak.
Mike Forenza, witness: “I mean, this is the most cut and dry drunk driving thing I’ve ever seen.”
That echoes what he told an officer on scene, in body camera video 7 Investigates aired in May.
Mike Forenza (in body camera video): “If he makes it, he should go to jail, for life. If he makes it. The poor girl is – he has to be drunk.”
In a picture from a tailgate on the day of the crash, both Nicolas and Marian had drinks in their hands.
Jessica Dehombre, cousin: “I personally was the one who reached out to everybody that was there that day and gathered the photos and videos of him drinking all day.”
But investigators never asked for a blood alcohol test.
Gabriel Varona, friend: “He was never tested at all, supposedly. That makes zero sense to me.”
Marian’s friends and family long questioned why it never happened.
On Thursday, so did the judge.
Judge Steve Leifman: “I don’t know why they did not have him blood tested, which is usually standard procedure if there’s any suspicion. When there’s serious bodily injury, it’s required by law. So I share your curiosity and frustration.”
The Miami Police Department has long maintained that there was no physical evidence at the scene to indicate Nicolas was impaired.
His defense attorney agreed.
Bradley Horenstein, attorney: “There was no smell of alcohol; reports are void of any of that. 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, I’m just getting very emotional hearing that such a bad job done by this detective. The father tried to call Detective Vargas many, many times and never received a call back. I’m listening to this detective saying there was nothing there with suspicion of alcohol. This is [expletive].”
Judge Steve Leifman: “I’ve been on the bench for almost 30 years, and this is a very unusual situation that certainly seems to me should have been investigated a lot more thoroughly than it was.”
Meanwhile, Marian has shown some encouraging signs of progress in recent months.
Sahily Cuevas: “Close your eyes if you feel OK.”
But the road ahead is a long one.
Sahily Cuevas: “This is the way that we feed Marian, four times per day.”
While his traffic case is now over, Nicolas Araujo still faces a civil lawsuit filed by Marian’s mother alleging he was driving drunk. It seeks damages of more than $5 million.
