Court server acquitted of traffic charges over car-bus collision

Superior Court Associate Judge Joseph N. Camacho has acquitted a court process server of two traffic charges over a collision between a car and a tour bus at an intersection in Lower Base.

During a bench trial last week, Camacho granted attorney Bruce Berline’s motion for judgment to acquit his client, Elmer Cedeno Barrogo, of charges of speeding and failure to yield to on-coming traffic.

Camacho determined that the government failed to provide the correct traffic violations. He also found that evidence and testimony show that there was no evidence of speeding and that it was in fact, the bus driver who caused the accident.

According to court records, Barrogo’s car collided with a tour bus at the intersection of Lower Base Drive and Industrial Road on July 31, 2015.

Barrogo was driving west direction when the bus coming out of the intersection failed to yield to Barrogo’s on-coming car.

At the trial, bus driver Albert Apollo testified that he stopped at the Lower Base Drive intersection and that when he tried to make a left turn to Industrial Road, the bus was hit by Barrogo’s car.

No one suffered serious injury. Barrogo, 55, however, was taken to the Commonwealth Health Center for neck pain.

Police officer Danny Fitial testified that he did not see any skid marks, there was no posted speed limit at the area, and that the vehicles’ airbags did not deploy.

Fitial used his “heel to toe” to mark off about 160 feet from Middle Road to Lower Base Drive because he did not have the equipment to make a more accurate measurement.

Fitial testified that Barrogo stated that he was traveling about 30 miles per hour.

Fitial concluded that speed was a factor based on the damage to the car and the bus.

In acquitting Barrogo, Camacho said on the speeding charge, the government incorrectly labeled as capital “B” in the citation instead of a small “b.”

On the failure to yield charge, Camacho said the government incorrectly labeled as capital “B” in the citation instead of small “b.”

The judge said it seems like a small thing, but it is the government’s legal obligation to correctly list the correct traffic violation.

Camacho said if the government is going to issue a ticket for a traffic violation, then it should make sure to indicate the correct subsection of the traffic code.

Camacho said even giving the government the benefit that Barrogo was given proper citation, based on the testimony, evidence and exhibits received, the prosecution has failed to prove its case beyond a reasonable doubt.

Camacho said the only statement about speed was defendant’s own words that he was traveling about 30 miles per hour.

Camacho said where “about” means more or less than 30 miles per hour, the court could not determine with evidence provided by the government.

The judge noted that the officer lacks the proper training such as traffic re-construction to make the determination of the speed based on the amount of vehicle damage.