Attorney General Peter F. Kilmartin announced that Jeremy Leiva (age 24) of Providence pleaded nolo contendere today before Superior Court Justice Kristin E. Rodgers to DUI death resulting and other charges related to the March 8, 2015 motor vehicle crash that killed his girlfriend Flory Hernandez and injured Andrea and Scott Spillane.
Under the terms of the plea, Leiva was sentenced to 15 years with three years to serve at the ACI followed by three years on home confinement, with the remainder suspended with probation. In addition, he was ordered to undergo alcohol and substance abuse treatment. Justice Rodgers ordered a five-year loss of license upon release from the ACI and three-year use of ignition interlock upon reinstatement of license, as well as a $5,000 fine.
The defendant was released on home confinement bail pending the execution of the sentence, set for August 24, 2016.
Had the case proceeded to trial, the State was prepared to prove on the evening of Saturday March 7, 2015, the defendant, Jeremy Leiva, along with his girlfriend, Flory Hernandez, attended a birthday party for a friend at El Tipico Restaurant in Pawtucket, arriving there sometime around 7:30 p.m.
Sometime after midnight on Sunday March 8th, the defendant exited the party to find Flory driving his vehicle, a 2005 Mazda3, and attempting to exit the parking lot. The defendant stopped Flory from driving and had her move over to the passenger seat, whereupon then defendant entered the car and began driving home with Flory in the front passenger seat.
After exiting the parking lot of the restaurant at 12:45 a.m., the defendant entered the Exit 26 off ramp from 95 northbound and began driving in the wrong direction heading southbound in the northbound lanes of 95.
The defendant's vehicle was observed accelerating into the high speed lane as vehicles passed him going the opposite direction whereupon he struck a 2008 Nissan Frontier being operated by Andrea Rasicot Spillane with her husband Scott Spillane in the front passenger seat.
As a result of the collision, Flory Hernandez was killed and both Mr. and Mrs. Spillane sustained serious bodily injuries.
The defendant was taken to Rhode Island Hospital and consented to a blood alcohol test, which showed his BAC was .141 one and one half hours after the crash.
"A night out for two couples in love ended with the death of Flory Fernandez, a young mother, and serious injuries to newlyweds Andrea and Scott Spillane. This tragedy was 100 percent avoidable had the defendant chosen to not get behind the wheel of his car that night. Instead, two families are forever changed; one dealing with the loss of their beloved daughter, sister and mother, and the other struggling to recover and return to normalcy. Let us hope this tragedy serves as a reminder to all who think it can't happen to them," said Attorney General Kilmartin.
The Rhode Island State Police led the investigation. Assistant Attorney General Stephen Regine prosecuted the case on behalf of the Office of Attorney General.