Charges reduced for driver who caused fatal crash that killed 2 women

IDAHO FALLS — A California man has agreed to plead guilty to reduced charges for causing a double fatality crash in September.

Nicholas R. Perea, 20, has entered into a plea agreement in reference to two felony vehicular manslaughter charges, according to court documents.

The plea agreement shows, in part, that the state will amend the felony charges to misdemeanor vehicular manslaughter charges. Perea signed the plea agreement, agreeing to plead guilty to both misdemeanors. The agreement is none-binding, meaning Magistrate Judge Stephen Clark is not required to follow the sentencing recommendations.

Deputy Prosecuting Attorney John Dewey said the felony charges were based on eyewitness accounts that alleged Perea’s excessive and reckless speed, which constituted gross negligence.

But investigators conducted an accident reconstruction, which revealed the range of speeds that Perea may have been traveling was much lower than the eyewitness accounts, falling under amounts that the prosecutor’s office would consider grossly negligent or reckless.

Further, in discussions with the victims’ families, the prosecutor’s office decided that a prison term was not necessary for Perea’s actions.

Dewey says Perea had no prior record and was apparently very remorseful for what he did, and in addition, Perea was also anxious to take responsibility.

The victim’s family agreed with the resolution based on all of the circumstances.

Dewey says that there was discussion regarding the apparent failure to stop by the vehicle the victims were riding in, but the actual speeds of Perea’s vehicle is the predominant reason for the lesser charges and plea agreement.

In September, Perea, of Canyon Lake, California, was arrested following a traffic collision on at 17th Street and Curtis Avenue. Police at the time said a 1990 Mazda Miata driven by Perea crashed into a 2013 Buick LaCrosse, driven by an 82‐year‐old Idaho Falls man. The driver of the LaCrosse and his two passengers, a 79‐year‐old Idaho Falls woman and an 86‐year‐old Washington woman, were transported to the hospital.

The two passengers died as a result of their injuries in the accident.

The city of Idaho Falls has refused to release names of those involved in the crash other than Perea.

According to police, at the time of Perea’s arrest, he appeared to be very concerned about the well-being of others involved in the accident.

Perea was booked into the Bonneville County Jail, but he was quickly released after posting a $300 bond.

Later in September, Perea appeared in Bonneville County to be arraigned on the reckless driving charge but prosecutors amended that charge to felony vehicular manslaughter.

“Our office made the decision to amend the charges based on their deaths and the information that we had at the time because we were concerned that we may have been barred from prosecuting the vehicular manslaughters by double jeopardy if he were to plead guilty to the reckless driving charge before the vehicular manslaughter charges being filed,” Dewey told EastIdahoNews.com.

Dewey said the prosecutor’s office had to file the amended charge before the completion of the accident reconstruction, and prosecutors’ preference would have been for no charges to be filed while the investigation was being completed, so that the prosecutor’s office could file the correct charge based on all of the evidence.

Both the state and Perea’s attorney, Curtis Smith, agreed at sentencing to recommend consecutive terms of probation, meaning Perea will serve a probation term separately for each charge.

Perea agreed to pay full restitution, and both the defense and state are free to argue any other terms at sentencing, including local jail time.

Perea is due back in court Feb. 23 for sentencing.

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