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2 Brooklyn Men Indicted For Manslaughter After Drunk Driving Death, DA Says

By Ben Fractenberg | October 29, 2014 7:10pm
  Richard Roman-Santos, 32, and   Gerrard Herbert, 32, were indicted Wednesday on charges including manslaughter after they collided into each other while drunk in Brooklyn on Aug. 17, 2014. 
Richard Roman-Santos, 32, and  Gerrard Herbert, 32, were indicted Wednesday on charges including manslaughter after they collided into each other while drunk in Brooklyn on Aug. 17, 2014. 
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BROOKLYN — Two Brooklyn men were indicted on manslaughter charges Wednesday in connection to an August drunk driving collision on Eastern Parkway that killed a female passenger in one of the vehicles, according to the Brooklyn District Attorney’s Office.

Richard Roman-Santos, 32, was driving about 90 miles per hour westbound in a Camaro on Eastern Parkway early in the morning on Aug. 17 when a Nissan Altima, driven by Gerrard Herbert, 32, made a left turn on Troy Avenue and drove in front of the Camaro, the Brooklyn DA’s office said.

The high-speed collision sheared off the back of the Nissan, crushing Michelle Mignott, 32, who was laying down in the back of the car. She died on the way to the hospital. Another 33-year-old female passenger in the front seat of the Nissan suffered burns and bruises.

“These defendants  who are strangers to one another  tragically took the life of a young woman when they both made absolutely the wrong decision to drink and drive,” Brooklyn District Attorney Ken Thompson said in a statement. “We will now hold them accountable for their fatal conduct.”

Herbert refused to take a breathalyzer test at the scene, but investigators received a warrant to draw blood from him about seven hours later when he tested at .07 blood alcohol level, putting him at about .18 or .20 at the time of the crash, according to the Brooklyn DA’s office.

Roman-Santos tested at a blood alcohol level of .08 at the scene, putting him exactly at the legal level for intoxication. 

Both men are facing charges including second-degree manslaughter, criminally negligent homicide, driving under the influence of alcohol and reckless endangerment, according to their indictment.

They are both facing up to 15 years in prison on the top charge.

Roman-Santos is out of jail on $35,000 bond and Herbert is out on $30,000 bond.

They were ordered to surrender their passports and both their licenses are suspended while they are out on bail.

Lawyers representing Roman-Santos and Herbert were not immediately available for comment.