PALM BEACH COUNTY, Fla. — After four long months, a woman accused of causing a crash that killed three family members and leaving a 2-year-old as the only survivor, has officially been charged for their deaths.
Dawn Howard is facing a combined six counts of homicide and manslaughter charges as she made her first appearance in court this morning.
She stood by her attorney, Mike Dutko, who asked the judge to let Howard out of jail on house arrest, which the judge agreed to, saying he does not believe Howard to be a "flight risk."
"I think the judge demonstrated great wisdom and patience," said Dutko.
In July, Alejandro Rodriquez, Yanela Almaguer and 10-year-old Diego Almaguer, were all killed in a crash along military trail in Boynton Beach.
The sole survivor is 2-year-old Fabio Almaguer.
"He's asking for mommy, asking for papi, Diego," said Arsenio Almaguer, the toddler's uncle.
He reflected on his late family saying, "The world lost amazing people."
Fighting for Arsenio Almaguer's nephew is attorney Scott Smith, he is representing the 2-year-old.
He does not agree with Howard being let out of jail.
"It seems terribly unfair that Dawn Howard is out of jail when Fabio's mother is dead, Fabio's father is dead, and Fabio's brother is dead," Smith said.
When going through court documents, deputies said Howard was going upwards of 100 mph right before the crash.
At the time of impact, they said she hit the family's car at 97 mph.
In the hospital, nurses did a blood test on Howard and deputies had a warrant for an additional test to be done.
Deputies said the results show that Howard's BAC was nearly .2 ,which is more than twice the legal limit.
"She was not just impaired, she was drunk," said Smith.
Smith said Fabio Almaguer is now back in Cuba with his grandmothers, who are also still grieving their children and grandchild-motivating Smith to continue pushing to get justice for Fabio Almaguer.
"I'm going to do everything possible for this young man," he said.
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