One dead, one arraigned in crash in Shelby Township

SHELBY TOWNSHIP — A 44-year-old Mussey Township man was arraigned in the 41A District Court May 11 in connection with a fatal crash that occurred May 9.

At 6:20 p.m. May 9, Victor Aguinaga allegedly was driving his Chevy Tahoe westbound on 23 Mile Road in Shelby Township, near Sabrina Drive, when he crossed into eastbound traffic and struck a Kia Sorento. The driver of the Kia was pronounced dead at the scene, according to the Macomb County Prosecutor’s Office.

The Prosecutor’s Office charged Aguinaga with operating while intoxicated causing death, which is a 15-year felony; driving while license suspended causing death, a 15-year felony; possession of a controlled substance less than 25 grams, a four-year felony; and open intoxicants, a 90-day misdemeanor.

Sgt. Mark Benedettini, of the Shelby Township Police Department, said it is unknown where Aguinaga was coming from at the time of the crash.

“A 61-year-old male from Macomb Township, who was the driver of the Kia, was killed. He was the only occupant in the Kia,” Benedettini said via email.

Aguinaga’s driver’s license was suspended at the time. It is unknown at this time why it was  suspended.

According to police, Aguinaga was found with an illegal substance at the time of the crash.

“We are in the process of waiting for lab results to determine (what it was),” Benedettini said.

Aguinaga was arraigned in front of 41A District Court Magistrate Jim Verploeg. Verploeg set Aguinaga’s bond at $500,000 cash or surety with drug and alcohol testing, and he will wear a tether if he were to be released. At press time, Aguinaga remained in the Macomb County Jail. His jail record indicates that there is a hold order from the 71A District Court in Lapeer County for a warrant for possession of methamphetamine.

Aguinaga’s probable cause hearing in the 41A District Court is scheduled for 1:30 p.m. May 25, and his preliminary exam is scheduled for 3 p.m. June 1 in front of Shelby Township District Court Judge Douglas Shepherd.

Macomb County Prosecutor Peter J. Lucido said that when an intoxicated driver causes a fatal crash, “it is a senseless and preventable tragedy.”

“Innocent lives are lost, families are shattered and communities are left to grieve. As a prosecutor, it is my duty to hold the responsible party accountable for his actions and seek justice for the victims and their loved ones,” Lucido said in a prepared statement.

Joshua Duane Jones is Aguinaga’s attorney.