Attorney for truck driver in I-35 deadly crash asks for release, bond reduction
AUSTIN (KXAN)— The attorney for the truck driver who was arrested following a deadly 18-vehicle crash on Interstate 35 in north Austin is asking for him to be released from jail after toxicology results found no drugs or alcohol in his system.
Solomun Weldekeal-Araya, 37, was charged with intoxication manslaughter and assault charges following the crash that killed five people and injured 11 others on March 13 near Parmer and Howard Lane.
Weldekeal-Araya's attorney, Bristol Myers, also asked for his bond to be reduced to $1 in each case, due to "a lack of probable cause," according to court documents.
According to the toxicology lab report, obtained by KXAN, Weldekeal-Araya's blood was tested for a range of inhalant drugs: Central nervous system medical depressants (Barbiturates), anticonvulsant medication used to treat seizures and nerve pain (Gabapentin) and cannabis. His blood was also tested for alcohol.
The expanded drug screen and blood alcohol test requested is capable of screening for up to 138 substances, including common drugs like fentanyl and cocaine, according to NMS's lab test catalog. It's unclear whether Weldekeal-Araya was tested for all 138 substances.
While the tests came back negative, the analysis details from the toxicology report did not indicate whether Weldekeal-Araya was tested for other drugs.
"The toxicology report speaks for itself," he told KXAN reporter Jala Washington. "There was nothing in his blood."
Gene Anthes is a criminal defense attorney not connected with Weldekeal-Araya's case. Anthes reviewed the affidavit with initial details from an officer on the scene who did the field sobriety tests. The tests were extensive, and Weldekeal-Araya showed indications of being intoxicated, per the examinations, according to the affidavit.
"They had enough there at least to make an arrest for intoxication manslaughter," Anthes said.
An APD officer conducted standardized and additional field sobriety tests according to the arrest affidavit:
- Horizontal Gaze Nystagmus (HGN)
- Walk-and-turn (WAT)
- One-leg-stand (OLS)
- Romberg Balance
- Number Counting Exercise
The test results concluded that an experienced APD officer observed Weldekeal-Araya as not being able to keep balance during instructions, improperly turning, doing the wrong number of steps and swaying while balancing. Officers also indicated Weldekeal-Araya's eyes were "bloodshot and watery," according to the affidavit.
However, Anthes, who has 20 years of experience practicing law, reviewed witness video from the scene, obtained by KXAN, and said Weldekeal-Araya did not appear to be intoxicated to him. Anthes added, some of the field sobriety test results could have been a result of Weldekeal-Araya being in shock due to the traumatic situation.
"Sometimes you've got just people who just present themselves that just seem a little bit off, where, when (an) officer first interacts with them, that's their first judgment is that they're intoxicated," Anthes said. "Sometimes when an officer is talking to someone who is foreign... they misinterpret an accent for maybe slurring or speech problems."
Anthes said it is surprising and rare to have toxicology results come back with nothing in a person's system, after initial field sobriety test results like Weldekeal-Araya's.
Weldekeal-Araya could still face serious charges, Anthes said.
The arrest affidavit states he had several truck driving violations within a week of the deadly crash. APD said it is now working with the district attorney's office to figure out specific charges in light of toxicology results.
"At the end of the day, it's hard because a jury wants to hold somebody accountable," Anthes said.