On November 18, 56-year-old Victor Manuel Mateo Perez died at the intersection of 53rd and Madison Avenue. Court documents show the driver cooperated with investigators, but his toxicology results are now in — showing his blood tested positive for fentanyl that night.
Despite the best efforts of a witness who gave CPR and the medics who took over, Perez couldn’t be saved. Instead of running from the scene, documents said the man behind the wheel was the one to call 911.
“It’s alleged that the defendant here actually did stay at the scene and was cooperative,” said Andrew Hanna, chief deputy prosecutor at the Madison County Prosecutor’s Office. “That’s certainly something that’s given weight not only in our prosecution but at sentencing by any judge.”
The probable cause affidavit goes on to say: “Robert stated he was very shocked by the whole situation. He states he thinks the individual had to have purposely stepped out before him.”
Investigators said security video from nearby businesses shows the Simmons speeding before impact. He agreed to a drug test but said he was worried because he had taken some pills a few days prior. Now, nearly three months after the crash investigators received the results, which found fentanyl, norfentanyl and acetyl fentanyl in his blood, giving prosecutors enough to file charges.
“Not only does fentanyl pose a danger to those persons that are taking fentanyl or anything that may be laced with fentanyl at the risk of overdose, but also at the risk of being intoxicated and operating vehicles and impacting other people around you in that way as well,” Hanna said.
Anderson Police public information officer Caleb McKnight shared the following statement with FOX59/CBS4:
“Driving under the influence of alcohol or drugs puts everyone on the road at risk and is the leading cause of serious injuries and fatalities. Lives are lost, and families are forever changed due to impaired driving. The consequences can include but are not limited to license suspension, heavy fines, jail time, and, most tragically – the loss of life.”
“The message is simple. Don’t do it,” Hanna added. “And don’t do it here in Madison County because we take operating while intoxicated very seriously and especially when it results in injury or death to other persons. We’re going to prosecute those cases to the fullest extent of the law.”
If convicted of driving while intoxicated by a schedule I or II controlled substance, a Level 4 Felony, Robert Simmons could face up to 12 years behind bars.
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