ALVIN SEYMOUR HUBBARD III DUE BACK IN COURT JAN. 7
By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)
ALVIN SEYMOUR Hubbard, III, the driver of a Ford pickup that smashed into a 1998 Toyota Sienna minivan, killing five of six Filipino American family members on board, had pleaded not
guilty when arraigned Friday, Nov. 30, before Superior Court in Wilmington, Delaware.
The 45-year-old Hubbard will be due back in court on Jan. 7 at 9:30 a.m. for a case review.
Indictment documents provided PM (philamesenger.com) by Carl Kanefsky, Public Information Officer of the Delaware Department of Justice, showed that Hubbard faces Counts I to V felonies for vehicular homicide second degree; Counts VI and VII misdemeanors for vehicular assault second degree; and Count VIII for vehicular assault third degree for criminally negligent driving or operation of said vehicle causing the physical injury to Brian Kern.
Hubbard was also charged with Count IX violation for inattentive driving when he failed to give full time and attention to the operation of the vehicle or failed to maintain a proper lookout while operating said vehicle on July 6, 2018 on a public roadway known as Route 1 and/or the Korean War Veterans Memorial Highway in the County of New Castle in Delaware.
Hubbard was also charged with Count X violation for failure to obey a traffic control device when he failed to obey the instructions of any traffic-control device applicable.
Second-degree vehicular homicide is a class D felony. Convicted motorists face one to eight years in prison, fines in an amount deemed appropriate by the court, and a three-year license revocation.
Commissioner Lynn Parker presided over the arraignment of Hubbard in the presence of government prosecutor, Deputy Attorney General Barzilai Axelrod, and Hubbard's lawyer, John Kirk, Delaware public defender.
A grand jury had indicted Hubbard on Nov. 5, four months after the tragic accident that killed Audie Trinidad, 61, his four daughters, Kaitlyn, 20, Danna 17, and 13-year-old twins Melissa and Allison. They all died on the spot.
Only one member of the family survived. She is Mary Rose Ballocanag Trinidad, 53, a registered nurse, Audie's wife and mother of their four children. Mary Rose was severely injured and had to undergo six surgical operations.
Brian C. Kern, 24, of Bethlehem, Pennsylvania, a driver in another vehicle, Mercury Sable, also sustained injuries, when his car was hit by Hubbard's pick-up before ramming the Toyota Sienna.
CRIMINALLY NEGLIGENT DRIVING
According to the indictment signed by Delaware Attorney General Matthew P. Denn, the Grand Jury charges Hubbard with Counts I to V for vehicular homicide second degree in violation of Title II, Sec. 630 of the Delaware Code while in the course of driving or operating a motor vehicle, his criminally negligent driving or operation of said vehicle caused the death of Audie Trinidad and his four daughters.
Hubbard was also charged with Counts VI and VII misdemeanors for vehicular assault second degree for his criminally negligent driving or operation of said vehicle causing serious physical injuries to Audie's wife, Mary Rose Ballocanag, who sustained severe physical injuries and Brian Kern, who also suffered physical injuries.
Hubbard was also charged with Count VIII misdemeanor for vehicular assault third degree for his criminally negligent driving or operation of said vehicle that caused physical injury to Brian Kern.
Hubbard was also charged with Count IX violation for inattentive driving when he failed to give full time and attention to the operation of the vehicle or failed to maintain a proper lookout while operating said vehicle.
He was also charged with Count X violation for failure to obey a traffic control device when he failed to obey the instructions of any traffic-control device application and Count XI violation for driving on divided highways which had been divided into two or more roads by an intervening space. Or by a ”physical barrier or clearly indicating dividing section so constructed as to impede vehicular traffic and did fail to drive only upon the right-hand road and/or did drive over, across, or within any such dividing space, barrier or section, and there was no space or crossover or intersection established there.”
Hubbard has posted $30,000 secured bond distributed across all charges for his provisional liberty, Mr. Kanefsky said.
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