OCALA, Fla. — A driver charged with DUI manslaughter in an Ocala crash that killed a mother and son had a blood-alcohol level of 0.26 shortly afterward, more than three times Florida’s legal limit, according to a newly released arrest affidavit.
Joel Gonzalo Zelaya, 33, faces two counts of DUI manslaughter in the Sept. 29 collision at Southeast Maricamp Road and Southeast 36th Avenue.
The findings add details to a case that prompted an internal investigation after Ocala police allowed the driver to leave an earlier traffic stop without conducting a DUI investigation.
What investigators found
According to the affidavit, hospital medical records showed Zelaya’s blood-alcohol level was 0.26 shortly after the crash. Florida’s legal limit for drivers is 0.08.
Investigators also reported that data from the Dodge van’s airbag control module showed it was traveling 70 mph at impact. The posted speed limit was 50 mph.
Video obtained from a nearby Walmart showed the van approaching a red light and entering the intersection without stopping, according to the affidavit.
Police said the van struck a Mazda as it was turning left onto Southeast 36th Avenue. The Mazda’s occupants, identified in the affidavit as DeLawn Marshall Duncan and Eric McGill, died in the crash.
Zelaya and his brother, who was riding in the van, were taken to a hospital.
Brother said he warned him not to drive
Zelaya’s brother told a detective he had warned Zelaya not to drive because of his level of intoxication, according to the affidavit.
During a hospital interview, Zelaya told investigators he remembered drinking with his brother at a bar and leaving to get food. He said he could not remember how much he drank and recalled little else before waking in the hospital, the affidavit states.
Earlier police encounter under scrutiny
Ocala Police Chief Mike Balken previously announced that the primary officer involved in the earlier roadside encounter had been placed on paid administrative leave pending an internal affairs investigation.
Channel 9 reported that officers encountered the brothers arguing about who would drive home. They were allowed to leave without a DUI investigation, and the fatal crash occurred shortly afterward.
“I am profoundly sorry. I only wish we had done more to prevent this tragedy,” Balken said at the time.
Zelaya’s charges are allegations, and he is presumed innocent unless proven guilty.
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