Spinal fractures. A torn carotid artery. Two crushed eye sockets. A broken jaw. Broken teeth.
Those are just a few of the physical injuries a U.S. Border Patrol agent described to a Cochise County judge on Wednesday as he continues to recover from being struck by a motorcycle at a USBP checkpoint along State Route 80 in Tombstone last December.
The agent, identified as T.R., chronicled to Judge Joel Larson in gut-wrenching detail the medical aftermath of being struck in the face and torso by an Indian Touring motorcycle traveling at 65 mph when the allegedly intoxicated rider lost control after failing to obey the 15 mph speed limit on Dec. 10.
T.R. also outlined the multiple times he has had to be rushed back to the hospital due to complications, and the many surgeries he will likely have to undergo over the next few years. He is also at high risk of blood clots and strokes due to the fact both arteries in his neck were torn in the crash, T.R. told Larson.
The occasion for T.R.’s statements to the Court was a July 26 hearing on whether bail for the motorcyclist, 54-year-old Derek Marcel Roberts of Benson, should be dropped from $100,000 to $25,000 so Roberts can afford to secure his pretrial release.
The majority of criminal charges in Arizona are eligible for pretrial release, usually upon posting an appearance or surety bond. The charges against Roberts – 13 felonies and 1 misdemeanor – are bailable, but Zucco argued the USBP agent and his wife “adamantly oppose” any release.
In his statement to Larson, T.R. told the judge that the crash has “permanently altered” not only his life but those of his family. He also expressed worry that if Roberts is able to be released prior to trial, then “someone else, someone else’s family could go through something similar.”
T.R., who was less than two years from being able to retire, choked up when recounting how he could not help his son learn to drive, how he had to be rushed back to a hospital on Christmas Eve, and how his wife and three sons had to learn
to operate his feeding tube. He has also lost his sense of smell and taste due to the injuries.
Prosecutor Lori Zucco pointed to Roberts’ admitted drinking levels as one reason she opposed any reduction in bail. She also noted Roberts was prosecuted for DUI in 1997 and 2013.
“His alcohol consumption appears to be daily and with his history of DUI convictions, the Court has no reason to believe that (Roberts) will stop drinking and driving if his is released,” she wrote in opposition of a reduced bond. “He will continue to pose a grave danger to the community if released.”
Larson denied the defense motion, but did so in a manner which allows Roberts to renew the request at a later date. In the meantime, the parties are waiting for the report from an accident reconstructionist.
It was also revealed during Wednesday’s hearing that local FBI agents were part of the multi-agency investigation team.
Tombstone Marshal Jim Adams told Arizona Daily Independent that FBI agents took on the responsibility of monitoring Roberts at the hospital. Upon his discharge on Dec. 12, those agents transported Roberts to the Tombstone Marshal’s Office.
From there, Adams’ deputies delivered Roberts to the county jail in Bisbee.
Court records show investigators obtained records, including video and witness statements, documenting that Roberts consumed 6 to 8 alcoholic drinks at a bar in Benson between 10 a.m. and 1 p.m. the day of the crash.
Additional evidence was obtained showing Roberts had two more hard liquor drinks in the hour before he paid his tab at a Tombstone restaurant mere minutes before the 5:50 p.m. crash.
Roberts acknowledged to investigators that he had noticed the USBP checkpoint on SR80 while traveling from Benson to Tombstone. But he failed to recognize the checkpoint (and its 15 mph posted speed limit) while heading northbound back to Benson.
“Defendant was observed to appear to be under the influence and had the odor of intoxicants on his breath while dealing with law enforcement and medical personnel on scene and during helicopter transport to Banner UMC in Tucson,” Zucco noted in a recent court filing.
During that flight, Roberts was intravenously administered saline solution. Then at around 9:30 p.m. his blood was drawn by Arizona Department of Public Safety (DPS) personnel.
The blood sample was not sufficient in quantity to allow testing for alcohol and drugs, so the decision was made to test solely for alcohol. The results showed a blood alcohol concentration of .094 more than 3.5 hours after the crash.
“The State has requested a retrograde analysis, which the State is confident will put Defendant’s BAC well above .094 at the time of driving,” Zucco advised the court earlier this month.
Documents filed with the judge under seal purportedly show Roberts told Banner UMC staff he drank about one-half to one pint of hard liquor daily. He was also treated for alcohol withdrawal during his time at the hospital.
It was also revealed during the bail hearing that a prison-mandatory plea offer was presented to Roberts and his former court-appointed attorney several months ago. Since then, Roberts has hired a private attorney and there have been no further discussions of a plea deal.
All seven aggravated assault counts are prison mandatory, within a range of 7 to 21 years, if Roberts is convicted at trial. As are the five felony endangerment counts, which call for a prison term ranging from 1 to 3 years.
Larson, as the sentencing judge, would have discretion to order the various prison terms be served consecutively (back to back), concurrently (at the same time), or a combination.
No trial date has been scheduled but that could happen during the next court hearing set for Nov. 6. It is around the same time T.R. is scheduled to see a neurosurgeon to address some of the ongoing medical issues he and his family continue to deal with, the agent told Larson.