6-to-12 Years In Death of Retired NYPD Detective: DA’s Office

MINEOLA, NY — The drunk driver who crashed a car into an ambulette carrying a retired NYPD detective, killing him and seriously injuring an EMT was sentenced to six-to-12 years in state prison on Tuesday, Nassau County District Attorney Madeline Singas’ office said.

Prosecutors said that 29-year-old Alvaro Gutierrez-Garcia, of Locust Valley, was speeding when he drove a 1997 Cadillac sedan into a private ambulette carrying Denis Motherway to Glen Cove Hospital back in September 2019. The force of the crash caused the ambulette to flip over, injuring four people, including Motherway who later died. An EMT riding with Motherway was seriously injured, and the ambulette’s driver, as well as a passenger riding in the front seat of Gutierrez-Garcia’s car were injured though only minorly, prosecutors said.

Motherway’s son, Timothy, died from a crash involving a drunk driver 10 years earlier. Gutierrez-Garcia, who had a blood alcohol concentration of .22 — almost three times the legal limit — about two hours after the crash, was not injured, prosecutors said.

Kelly Motherway Jakits read a prepared statement of her mother, who died about one month ago, which was one of two victim impact statements read at the sentencing, according to Newsday. Motherway compared Gutierrez’s conscious choice to drink and drive with that of choosing to commit murder. “My husband did not have to die that night,” she said.

“Drunk drivers kill innocent people. The Motherway family has lost two members in two separate crashes 10 years apart because of DWI drivers and my heart goes out to them,” Singas said. “This office will continue to hold these drivers criminally responsible to bring an end to drunk driving and the suffering it causes.”

Gutierrez-Garcia pleaded guilty on Nov. 4 to aggravated vehicular homicide and second-degree assault, both felonies, as well as aggravated driving while intoxicated, a misdemeanor, before Judge Robert McDonald. The minimum Gutierrez-Garcia can services in prison is six years with easy time for good behavior.

His attorney, Jeff Groder or Mineola, was not immediately available for comment on the case.