Lorenzo A. Ayuyu succumbed to traumatic brain injuries, abrasions on his abdominal area, back, left arm and foot.
He was pronounced dead by Dr. Shirish Balachandra at the Commonwealth Health Center at 8 p.m on Aug. 21.
The driver of the Mazda pick-up truck was Sayuri A. Paulis, 34.
She was brought to court for a bail hearing yesterday for charges of reckless driving and driving under the influence of alcohol.
Associate Judge Kenneth L. Govendo set a $10,000 cash bail.
The defendant was represented by Chief Public Defender Adam Hardwicke while Assistant Attorney General Brian Gallagher appeared on behalf of the government.
The preliminary hearing is set for Aug. 31 while the arraignment is set for Sept. 7.
In his affidavit, traffic investigator Flor T. Estabillo said DPS received the report on the auto-pedestrian crash on the road by Kagman Community Center at 7:43 p.m. on Aug. 21.
Estabillo said traffic, patrol and medic personnel were immediately dispatched to the scene.
The victim was already transported to the CHC where he was pronounced dead.
The pick-up sustained extensive damage to its front, rear and right body, including its hood. Both right tires knocked down a Plumeria tree.
Estabillo said he observed tire marks that crossed the opposite lane and entered the grassy shoulder in front of a residence. He also observed a pool of blood on the northwest bound lane.
Investigation conducted by Police Officer Maveric Saures showed that the pick-up was heading northwest along Kagman Road when the defendant saw the victim standing on her lane about five feet away.
The defendant steered left to avoid hitting the victim but failed.
Her vehicle crossed into the opposite lane, ran off the road and struck several trees in a resident’s yard.
The defendant admitted to police that she was traveling from 40 to 45 miles an hour before she struck the victim.
She also admitted drinking four cans of beer at an earlier family gathering.
She was arrested and transported to the DPS central to undergo field sobriety test and further DUI processing.
The defendant submitted to a breath test and her blood alcohol content was .195 percent result.
The allowed result is .08 percent.
Estabillo said the investigation showed that the victim caused the crash by violating CNMI Vehicle Code Title 9 subsection which states that “every pedestrian crossing a highway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the highway.”
Police said the victim should have crossed within this unmarked crosswalk at the intersection which was about 60 feet from the general location of the impact.
But the court found that probable cause exists to charge the defendant with one count of exceeding the posted speed limit, one count of reckless driving-bodily physical injury/death/property damage, one count of driving under the influence of alcohol and one count of homicide by alcohol.
