Affidavit: Driver in deadly crash smelled of alcohol

VIRGINIA BEACH, Va. (WAVY) – The driver in a crash that took the lives of four people smelled of alcohol and had been speeding, according to court documents.

The crash occurred the evening of April 16 in the 500 block of Sandbridge Road. A 2002 Nissan Sentra driven by Marlo Bayot was traveling west when the vehicle went off the roadway. Police say Bayot overcorrected and slid into oncoming traffic, where the vehicle was struck by a 2013 Toyota Tacoma traveling east.

Cheyenne Gurney, 14, Cherish Gurney, 10, Gabriel Proctor, 13 and Bayot, 38, all died from injuries sustained in the crash. Bayot was not the mother of the children who died. WAVY confirmed she was engaged to Glen Proctor, who is the father and uncle of the children.

According to an affidavit related to the crash, a Virginia Beach firefighter who responded to the crash said he could smell alcohol on the driver of the Sentra, who was identified as Bayot. The firefighter told this to an officer with the crash team.

The affidavit also states Bayot was traveling 62 mph in a posted 35 mph zone immediately before the crash.

In 2012, Bayot was convicted of DWI connected to an incident the previous year. She was sentenced to 180 days behind bars with 12 months unsupervised probation.

Related Coverage: Friends remember Sandbridge crash victims

A word-for-word section of the affidavit is as follows:

Affidavit for Search Warrant for all vials and samples of blood from the body of Mario Teofila Bayot; [REDACTED] that were taken at Sentara Princess Anne Hospital on 04/16/2014 and 4/17/2014 during the normal course of treatment of injuries sustained by Bayot in a motor vehicle crash, wherever they may be located or stored inside Sentara Princess Anne hospital.

Section 4:

I, Daniel K. Woiski, a Police Officer with the Virginia Beach Police Department first being duly sworn and deposed do hereby state the following:

I am a police Officer with the City of Virginia Beach and have been so employed since November 2007. I am currently assigned to the Special Operations Fatal Crash Team. My responsibilities include the detection of impaired drivers and the investigation of serious injury and fatality crashes.

On 04/16/2014, at approximately 1857 MarIo T. Bayot was operating a 2002 Nissan Sentra west in the 500 block of Sandbridge Road. Evidence located at the scene shows that as she came around a bend in the road, she went off the roadway to the right, before sliding sideways into oncoming traffic and getting struck on the passenger side by a 2013 Toyota Tacoma traveling east. The impact with the Tacoma forced the vehicle driven by Bayot off the roadway where it came to rest on the driver’s side. The crash was witnessed by Kenneth Saiya who remained on scene and provided a witness statement form and an interview to Officer E. R. King after King’s arrival on scene.

The first 911 call was received by Emergency Communications at 1858 on 04/16/2014. EMS, Fire & Police Personnel responded to the scene. Captain William Bailey, with the Virginia Beach Fire Department was assigned to Engine 17 and arrived on scene four minutes after the crash. Bailey stated that he and his crew observed two adults in the front of the vehicle, and several children (four or five) in the rear of the vehicle. Bailey stated that of the two bodies in the front section of the vehicle, one was deceased. The decedent was lying on top of another female located in the front driver’s seat, later identified as Bayot. Bailey and his crew worked to free the other occupants and the decedent was removed from the vehicle and placed on the roadway.

Firefighter Bill Gamboni, a Virginia Beach Firefighter, arrived with Company 5 and worked on the driver, and also stated that she was located under the person that was deceased. During his medical treatment he stated that he could smell alcohol on the driver. He made those statements to MPO D. E. Pierce of the Fatal Crash Team when he returned to the scene several hours after the crash to clean up the scene of biohazards that were present.

Evidence at the scene shows that Bayct was travelling 62 mph in a properly posted 35 mph zone immediately prior to the crash. During an on scene inspection of the vehicle driven by Bayot, Officer E. R. King of the Fatal Crash Team located a purse in the front portion of the vehicle that contained the operator’s license of Bayot. Also inside the purse were two prescription bottles, both with Bayot’s name on them. The first prescription was for Sertratine and the second was for Bupropion. The photo displayed on the operator’s license was not the decedent which had been seated in the passengers seat.

Injuries to the other occupant (decedent) in the front seat of the vehicle show she was seated in the front seat on the passenger’s side when it was struck. There were severe injuries to her right thigh and buttock and further inspection of the involved vehicles showed the bumper of the Tacoma penetrated the door of the Sentra and made contact with the decedent, which caused the massive open injury to her leg.

Based on my training and experience in the investigation of motor vehicle crashes, patients who are involved in a serious crash, are unconscious, or have the possibility of serious injury and are transported to the hospital trigger a series of events. One of those events is the taking of blood upon arrival to determine the presence of any drugs and/or alcohol that may affect medical treatment.

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