Man found guilty in fatal DUI-related crash
A Rhode Island man was found guilty last week in a 2015 crash that left two people dead.
A Lee County jury found Montaigu A. Moselle, 37, of 114 Crescent Road, Pawtucket, guilty of two counts of DUI cause death to human or unborn child and DUI damage property with .15 level or higher on Wednesday, according to the Lee County Clerk. His trial started on Monday and lasted three days.
“After only 45 minutes of deliberation, the jury found the defendant guilty of all charges,” Cpl. Phil Mullen, a spokesman for the Cape Coral Police Department, said in a prepared statement.
Moselle was accused in a July 4, 2015, accident that ended in the deaths of Paul Ortiz, 84, and Joan Ortiz, 78, both of Salem, South Carolina. Additionally, two others were injured during the crash.
Assistant State Attorney Martin Stark handled the case.
“We are very satisfied and happy with the verdict,” Assistant State Attorney Rich Montecalvo, a spokesman for the State Attorney’s Office, said on Tuesday.
Assistant Public Defender Erin Casey represented Moselle in the case.
She did not return a message seeking comment on Tuesday.
Moselle’s sentencing is set for Jan. 17.
“He is facing up to 30 years in prison,” Mullen said.
According to the Cape police, Moselle was driving a Kia Forte eastbound along Veterans Memorial Parkway when he stopped at the intersection at Skyline Boulevard. At 10:33 p.m., he tried to turn north onto Skyline, entering the path of a westbound Chevrolet Impala, being driven by Paul W. Ortiz, 56.
As a result, the Kia struck the Chevy, which was traveling at about 50 mph, head on.
Witnesses reported that eastbound and westbound traffic had solid red arrows for the turn lanes.
The impact forced the Chevy to the northwest, where it came to rest against the curb. The Kia was forced to the west, where is came to rest in the median on the west side of Skyline, police said.
Moselle suffered serious injuries and was trauma-alerted to the hospital.
Paul W. Ortiz, of Woodridge, New Jersey, also sustained injuries and was transported to the hospital, along with his three passengers – Paul Ortiz, Joan Ortiz and Kathleen Ortiz, 57, of New Jersey.
On July 5, Paul Ortiz died at the hospital, followed by Joan Ortiz on July 17.
Moselle, Paul W. Ortiz and Kathleen Ortiz were treated and released.
According to police, the investigation found that Moselle had a blood alcohol content of .214 at the time of the accident. In Florida, any driver age 21 or older is “impaired” with a BAC of .08 or higher.
On Sept. 12, 2015, Moselle was located and detained by the Pawtucket Police Department in Rhode Island on a warrant. He was later extradited to Lee County to face the charges filed against him.