Man sentenced to 25 years in prison for fatal crash in Cape Coral
A Rhode Island man was sentenced Tuesday for his involvement in a 2015 crash that left two people dead.
Montaigu A. Moselle, 37, of 114 Crescent Road, Pawtucket, received 12 years in prison for one count of DUI cause death to human or unborn child, according to the State Attorney’s Office. He was sentenced to an extra 12 years for a second count of DUI cause death to human or unborn child.
“He did receive 25 years in prison today,” Assistant State Attorney Rich Montecalvo said.
The sentences will run consecutive for Moselle.
“Each of those counts carries a four-year minimum mandatory,” he said.
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.
On Tuesday, he was additionally fined $4,000 on each count.
“And a lifetime suspension of his driving privileges,” Montecalvo said.
On Nov. 16, a Lee County jury found Moselle guilty of the two DUI counts, as well as two counts of DUI damage property with .15 level or higher on Nov. 16, according to Lee County Clerk records.
After three days of testimony, the jury deliberated for 45 minutes before convicting him.
Assistant State Attorney Martin Stark prosecuted the case.
“I thought it was a fair sentence,” Stark said on Tuesday. “It was five years more than what the statutory minimum would have been and five years less than the statutory maximum.”
Assistant Public Defender Erin Casey represented Moselle.
She did not return a message seeking comment.
According to the Cape police, Moselle was driving a Kia Forte east 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.