Chapter 13 - The Gas Station Witness
Miguel Santos remembered us.
He worked nights at the gas station off Henderson Road.
Fifty four.
Gray mustache.
Quiet.
When Dana interviewed him, he described Richard coming inside roughly forty minutes before crash.
“He was angry.”
“How could you tell?”
“Talking loud on phone.”
“What did you smell?”
“Alcohol.”
“Certain?”
“Yes.”
“Could it have been mouthwash?”
“Could be. I’m saying what I smelled.”
Good witness.
He did not overclaim.
Did Richard appear drunk?
“He seemed impaired to me.”
What signs?
Speech louder than normal.
Slight unsteadiness.
Red eyes.
But red eyes could be fatigue.
Rain.
Stress.
Again.
No perfect proof.
Miguel refused sale of another small bottle of liquor after Richard tried to buy it? That would be stronger. Is it plausible? Yes. He could refuse because appeared intoxicated. Fine.
Richard bought coffee and water instead.
Store video showed him arguing with Mom outside.
No audio.
Mom reached for keys.
Richard pulled them back.
Miguel saw through window.
“She looked upset.”
“Did she ask you for help?”
“No.”
“Did she appear physically forced into car?”
“No.”
Important.
She chose to get in.
He could not tell why.
The defense cross would emphasize.
Miguel also remembered Noah coming inside earlier to use bathroom.
Noah told him:
“My stepdad’s being a jerk.”
Nothing more.
At sixteen, not every warning becomes 911.
Then Janet Brooks, driver behind us, gave deposition.
“The SUV was going too fast for weather.”
“How do you know?”
“I slowed to thirty five because water pooled. They pulled away from me.”
She later saw it swerve twice.
Could not see exact driver hand.
The state’s reconstruction established Richard’s phone call ended twelve seconds before crash, meaning he may have just ended call and repositioned phone.
Defense:
Hands-free not proven absent? Vehicle log showed no Bluetooth call. Could still use speaker. But witness saw hand-held object. Fine.
The prosecution decided not to pursue alcohol-specific aggravated vehicular homicide because no chemical test and impairment evidence might be insufficient beyond reasonable doubt.
They retained reckless vehicular homicide theory.
I felt cheated.
Dana said:
“You want us to say drunk because it feels truer.”
“Yes.”
“I need a jury to convict on evidence.”
I knew.
The state could still introduce alcohol evidence if relevant to recklessness under rules and judge’s decisions, but core charge did not depend on proving intoxication.
That was smarter.
Richard’s lawyer offered new plea.
Eighteen months.
Dana rejected as too low.
Negotiations failed.
Trial remained.
At home, we began walking without braces.
Noah first.
Of course.
He stood in kitchen without crutches and raised both hands.
“Older brother.”
“You’re eleven minutes older.”
“Still.”
I threw towel.
Sarah cried.
We pretended not to see.
Recovery is awkward.
Then Mom’s house tenant asked to renew lease.
We said yes through trustee.
I thought I would want house back.
I didn’t.
Not yet.
My bedroom there contained the place Richard dragged us.
Sarah asked if we wanted belongings.
Police had released evidence.
We went with her one afternoon.
No Richard.
His things gone.
Our room looked smaller.
Noah found a scratch on metal bed frame from his cast.
He touched it.
Then:
“Can we throw this bed away?”
“Yes.”
We donated frame? Maybe disposal. Fine.
I took Mom’s county fair photo.
Nothing else.
On way out, I saw garage shelf.
Two empty liquor bottles still behind paint cans.
Police had already photographed and collected relevant? If still, could be leftover unrelated. Do not self-investigate.
I left them.
May you like
That was growth.
Not every object needed become evidence.
