This is a truly disturbing story and I'm posting this as an update to a less detailed version of this story, that I posted yesterday. The judge who let him stay after his first DUI should be held accountable for this child's death. Read on, you'll be repulsed!

March 11, 2009
By Ruth Liao • Statesman Journal • March 11, 2009

http://www.statesmanjournal.com/article ... 10430/1001

A man accused in a fatal hit-and-run crash in Woodburn stopped after striking a child, got of his truck and talked on his cell phone, before getting into his pickup and driving away, prosecutors said Tuesday.

The accused driver in Monday's crash in Woodburn that killed a 2-year-old appeared in Marion County court Tuesday.

Victor Noe Garcia-Hernandez, 23, was arraigned on charges of failure to perform the duties of a driver in a hit-and-run crash and driving under the influence of intoxicants.

Garcia-Hernandez likely will face more serious charges once the homicide investigation is complete, Marion County Deputy District Attorney Doug Prince said.

Bail was set at $500,000. Garcia-Hernandez is set to appear in court on an indictment on March 19.

Lab tests and the review of a surveillance video are pending, Prince said.

Prince said Garcia-Hernandez allegedly got out of the vehicle after striking the child, saw what had happened and returned to his truck before driving away.

Garcia-Hernandez was allegedly under the influence of cocaine and marijuana at the time of his arrest by Woodburn police, Prince said.

A federal immigration hold also has been placed on Garcia-Hernandez by U.S. Immigration and Customs Enforcement, said Marion County sheriff's spokeswoman Lt. Sheila Lorance.

According to a probable-cause statement written by Woodburn Detective Keith Kimberlin, a small child was hit by a white pickup about 4 p.m. at Harrison and Front streets in Woodburn. Police said the boy, identified as Gabriel Rosas-Vargas, was with family members at the time.

The truck was stopped at Harrison Street and making a turn to head north onto Front Street. A witness told police that she saw a child run in front of the truck as it began to turn, and the child hit the front bumper and then fell under the truck, Kimberlin wrote.

The witness said she told the driver that a child was hit, and the driver got out of his pickup and saw where the child was lying.

The driver stood nearby, talking on his cell phone, until police arrived, and then the man got back into his pickup and drove off, Kimberlin wrote. The child died at the scene.

The pickup soon was stopped by Hubbard police at North Pacific Highway at Industrial Way in Hubbard.

That driver, identified as Garcia-Hernandez, admitted to being the driver at the scene of the hit-and-run crash, but that he was unaware he initially struck someone.

"He stated that he did not know he had hit a small child at first, but stopped because he heard a couple of bumps under his trucks (sic) and wanted to find out what happened," the statement said.

Salem Police Officer Alex Asay and Oregon State Trooper Steve Hinkle conducted field drug tests, which indicated that Garcia-Hernandez was intoxicated.

Garcia-Hernandez also admitted to using cocaine the night before, the statement said.

In court Tuesday, Garcia-Hernandez spoke through a court interpreter.

Circuit Judge Joseph Ochoa appointed Thomas Sermak as Garcia-Hernandez's court-appointed attorney.

Garcia-Hernandez also was arrested twice for driving under the influence of intoxicants, Prince said. Garcia-Hernandez entered a diversion program in 2006, and then did not face criminal charges in 2008, he said.

rliao@StatesmanJournal.com or (503) 589-6941
------------------------------------------------------
GARCIA-HERNANDEZ, VICTOR NOE SID: 16312634 LODGED
Lodged: 03/10/2009 01:38 Max: DoB: 03/18/1985
Arrest: WBP Type: PROBABL Docket: 09C41625 Hold Auth: MARION
Charge Bail Status Next Court Release
1 HIT RUN CF 500000 PRETRIA03/19/2009 08:30 CIRCUI
2 DRIV INTOX CO BAIL PRETRIA03/19/2009 08:30 CIRCUI
Arrest: INS Type: OTHER Docket: A87 429 118 Hold Auth: INS
Charge Bail Status Next Court Release
1 INS HOLD NO BAIL INS

http://apps.co.marion.or.us/JailRosters/mccfi_mcso.htm