According to the Miami Herald, a Miami judge ordered Gabriel Delrisco remain behind bars pending his trial this week. Delrisco was behind the wheel of a minivan that struck a vehicle carrying a father and his three children. All three kids, ages 10, 7, and 4, died as a result of the accident.
While drivers typically charged with DWI/DUI manslaughter are let out on bail, the judge decided Delrisco’s record made him an unusual risk. He remains under suicide watch at the Miami-Dade jail.
The prosecution in the case pointed out that Delrisco has had 26 tickets during the past 8 years including one DUI. He did, however, have a valid license at the time of the accident.
Delrisco’s own attorney pointed out that although he didn’t have the best driving record, he has never been convicted of any violent offenses and would be a good candidate for house arrest pending trial. It is unusual for a defendant in a case involving these charges to be held without bail and more than likely the publicity and nature of the victims did play a part in the judge’s decision.
Judges take many things into consideration when determining if a defendant can be released pending trial. If the crime is bail-eligible the judge will look at the defendant’s record and determine if they are a flight risk or if they are a risk to themselves or the community.
It is a fact, as the defense attorney in this article pointed out, that people are released on bail with much more extensive records. House arrest would have assured that Delrisco could not legally leave his home while he awaited trial.
As much publicity as this horrific case has received in Florida, there is no doubt there would be uproar, if Delrisco was allowed bond. His attorneys argued the right points and did what they could. The final decision rests with the judge and on this day the judge didn’t rule in his favor.