Man kills pedestrian in DUI crash then continues drinking, police say

Police say open beer cans were found in suspect's car

MELBOURNE, Fla. – A Brevard County man who was recently arrested in connection with a DUI crash in September that left a pedestrian dead continued to drink beer after the crash, according to the Melbourne Police Department.

Police said David Gray, 37, called 911 around 2:22 a.m. Sept. 4 and said that he was driving home on West Eau Gallie Boulevard when he realized a pedestrian was in the road in front of his silver Nissan Altima and he believed that he hit the person but he did not stop to check because he was scared, the report said.

Police said the victim was 33-year-old Monica Ruiz-Patino of Melbourne.

Gray's windshield was shattered in the crash, according to the affidavit. Police also said Gray was mumbling and slurring during the 911 call.

"He calls the police department and explains he believes he hit someone, but that he panicked and did not stay at the scene," Lt. Cheryl Trainer said.

At the scene of the crash, witnesses had stopped to help the woman who was struck and unresponsive in the westbound lanes of West Eau Gallie Boulevard near Holland Street, police said. The woman was taken to a nearby hospital, where she died less than an hour later, according to the report.

Police said a Nissan emblem and a black plastic car part were found at the crash scene.

When officers arrived at the home on Trimble Road where Gray had fled after the crash, Gray was standing in the driveway holding a cold, open can of Natural Ice, according to the affidavit.

The Nissan Altima was also in the driveway with obvious damage to its windshield, front bumper, grill, hood, roof and the emblem was missing, police said. Two open beer cans were in the center console of the vehicle, according to the affidavit.

Police said Gray had bloodshot eyes, his face was flushed and he smelled of alcohol.

The results of a blood sample, which came back in October, showed that Gray had a blood-alcohol level of .177.

Gray was arrested Tuesday on charges of leaving the scene of a fatal crash and driving under the influence with a prior conviction, records show.

During a court appearance Wednesday, a judge set his bond at $10,000 for the DUI charge and $90,000 for the charge of leaving the scene of a fatal crash. 

State prosecutors said it was concerning that Gray went home after the crash and opened a beer before calling 911, according to authorities.

"That he went home and decided to have a beer, which is apparently a good idea after running somebody over and knowing full-well you have," an assistant state attorney said sarcastically during Gray's first appearance before a judge.

If Gray posts bond, he will not be allowed to drive or consume drugs or alcohol.


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