A 23-year-old Pharr man accused of driving drunk and crashing into an apartment complex resulting in the death of a sleeping teen is ready to plead guilty.
Jesus Cruz’s attorney, Rick Montalvo, made the announcement Thursday morning during a videoconference hearing in the 93rd state District Court.
Cruz is charged with intoxicated manslaughter with a vehicle and intoxication assault with a vehicle.
Pharr police allege that Cruz crashed into an apartment complex in the 200 block of North Veterans Boulevard at 3:33 a.m. on June 28, 2021.
The crash killed 16-year-old Jastin Rios and sent a 12-year-old to the hospital with non-life-threatening injuries.
Rios had been sleeping.
The preliminary investigation revealed that Cruz was driving a black Chevy Equinox at a high rate of speed when he lost control of the vehicle and slammed in the apartment.
Photos released by police show the vehicle completely inside the apartment. Video also released by police shows the vehicle barreling down the street before veering off the road and into the residence.
However, Cruz did not reach a plea deal with the Hidalgo County District Attorney’s Office.
Prosecutors offered one but after reviewing the evidence last week with his attorney, Cruz decided to reject that offer.
Instead, Cruz’s attorney said his client will make an open plea to both counts of the indictment to state District Judge Fernando Mancias, who will then sentence Cruz.
The details of the rejected plea were not disclosed during open court.
Montalvo, the attorney, indicated Cruz was ready for sentencing Thursday or whenever the court was ready, but prosecutor J. Enereo Bazan asked for a continuance so that he could consult with the district attorney before the sentencing, which Mancias granted.
After Cruz’s arrest, Pharr Police Chief Andy Harvey said the department was saddened by Rios’ death because of Cruz’s carelessness.
“There is no excuse for driving under the influence of alcohol,” Harvey said at the time. “You add traveling at a high rate of speed and the danger to others increases immensely.”
Rios’ obituary says he was full of life, loved music and played the viola.
“Jastin was a very dedicated student and was known for being such a sweet and humble person,” the obituary reads. “He attended T-STEM Early College High School, in Pharr, where he graduated from 10th grade. While in school he took welding classes and had plans to work with his father in the refineries.”
Cruz is scheduled to plea on Feb. 10.
