The man accused of killing off-duty Flint police officer Vincent D’Anna was bound over Monday for Circuit Court trial after two days of testimony’including graphic and emotional eyewitness accounts of the accident scene.
Ramon Felix Pineda, 25, an illegal Mexican immigrant, is charged with second-degree murder in the death of D’Anna, 26.
Six witnesses took the stand Thursday as the preliminary exam began in 52-2 District Court , describing the scene on Sashabaw Road Aug. 26: The driver of a white Camaro repeatedly revved his car’s engine as he hit the motorcycle D’Anna, 26, was riding, then hit it again, causing D’Anna to fall, then hit it again, trapping D’Anna and his bike underneath the car.
The driver then attempted to speed from the scene, witnesses said, but was hindered by the bike and rider dragging and rolling under his vehicle.
Investigators say D’Anna was dragged along Sashabaw Road for about 60 feet.
Witnesses also testified Pineda attempted to flee on foot after the car finally stopped.
‘All of a sudden the driver starts running toward me,? said witness Brandon Wakeman, who was about to cross Sashabaw Road and head into DTE after parking across the street. ‘I yelled to some other guys ‘get him, he just killed somebody.??
Several people tackled the driver, witnesses said, testifying Pineda tried several times to get up and run away, while alternately laying on the ground moaning ‘Why me? Why me??
‘He said it (several times) until another witness said ‘you just killed a man. Why him??? said Wakeman.
All witnesses who testified to hearing Pineda ask ‘why me?? said the man spoke clear English. Pineda’s comprehension of the language was an issue during the exam.
Assistant Oakland County prosecutor Rob Novy questioned Wakeman about the written statement he provided to police the day of the incident; Wakeman originally described the motorcycle rider as a black male.
‘He was so black from the accident, his face and hands, I thought he was a black person,? Wakeman said.
Mary Miracle testified she was at leaving Subway when she saw the accident, and ran to help after seeing D’Anna dragged under the car..
Miracle told the prosecution bystanders quickly lifted the car, where he remained after Pineda ran from his vehicle.
‘His eyes were closed and he was turned to the right,? she said. ‘I told him ‘hold on, help is coming.? He was gasping and gurgling, and blood was coming out of his face.?
D’Anna died early the following morning.
Dr. Patrick Cho of the Oakland County Medical Examiner’s Office also took the stand, testifying D’Anna’s death was caused by multiple blunt force injuries to the torso, specifically cardiac contusions, and pulmonary contusions and lacerations.
Richard Falck: was in front of the motorcycle and saw the events unfold in his rearview mirror
‘I saw the man hit the ground and the car just kept going,? he said. ‘The car was bouncing like it was stuck on a log or a big rock. I can tell you for sure it didn’t appear he was trying to stop. It seemed like he was trying to continue to go southbound.?
Nathan Gearhart told prosecutors he helped lift the car from D’Anna in the moments after the accident.
‘I fully expected to look to my right and see the driver helping,? he said. ‘And he was not there.?
Detective Sergeant Gary Miller testified that in an Aug. 27 interview Pineda said he had a few beers in the afternoon, then met with friends at Independence Oaks park, where he consumed four or five more beers before climbing back into his car and headed south on Sashabaw Road.
Moments later, he collided with D’Anna’s motorcycle, and a blood draw later that evening showed he had a blood alcohol level of .16, twice the legal limit of .08.
Miller also testified that Pineda said he was driving too fast and not paying attention to the road, indicating that he became nervous during the accident because of his illegal alien status and the fact he was driving without a license.
Pineda said he knew D’Anna was under the car, Miller testified, but continued revving his engine and trying to drive away.
Defense attorney, Elias Escobedo Jr., argued his client’s Miranda rights were violated because Pineda did not have a firm grasp of the English language and therefore did not understand the implications of proceeding with the interview without an attorney.
Miller, however, said Pineda’s wife told him the man understood English ‘very well,? and he determined the fact to be true as well.
In closing arguments, Escobedo argued his client’s repeated revving of the engine was the natural instinct of anyone who knew their vehicle was hung up on something.
‘The normal reaction would be to get off whatever they were on,? he said.
Although Escobedo said his ‘heart goes out to the family? and did not dispute his client was responsible for the death, he argued second-degree murder was too harsh a charge.
‘Did he panic? Yes. Did he run? Yes,? said Escobedo. ‘But that was all after the incident and does not establish that my client acted in a willful and wanton manner. This may very well be a case of (operating while intoxicated) but it is not second-degree murder.?
52-2 District Court Judge Kelley Kostin, who presided over the preliminary exam, however, said the prosecution had met the burden of proof and the charge was appropriate.
‘I’m glad he got second-degree,? said Vincent D’Anna’s mother, Eileen D’Anna as she left the courthouse surrounded by family and friends Monday. ‘I mean, come on. Everyone keeps talking about where the bike was. There was a person under that car.?
‘We feel like what happened (in court Monday) is exactly what should have happened,? said D’Anna’s sister Camile Leinbach. ‘Our whole family is still terribly overwhelmed by everything that’s happened, but this is a stage we’ve completed, and maybe it is the start of the healing process.?
D’Anna’s brother Elliot D’Anna added he felt much better leaving the courthouse Monday than he had after hearing eyewitness accounts last week.
However, he said, those accounts did help the family with unanswered questions.
Novy said the case was assigned to Circuit Court Judge Wendy Potts, be he couldn’t speculate about when the trial would begin.
In addition to the second-degree murder charge, Pineda also faces charges of operating a vehicle while intoxicated causing death; failing to stop at the scene of an accident; operating a vehicle with a suspended license; and false certification of personal information.