The negligence of a driver who ran over and killed a teen near Harding High School in July began when the man got in his vehicle that day despite a disabling condition, the judge in the case said Wednesday.
Ramsey County District Judge John Van de North rejected a defense motion to acquit Carlos Viveros-Colorado, on trial for criminal vehicular homicide in the death of Clarisse Grime, 16, and criminal vehicular operation in connection with her injured boyfriend, Eduardo Vazquez-Torres, 17.
Viveros-Colorado waived his right to a jury trial, and the judge is to render a verdict next Wednesday.
Van de North said there was enough evidence for him to decide whether Viveros-Colorado, 51, of St. Paul, was grossly negligent, which is the conduct required for the criminal vehicular charges.
"He was aware of a pre-existing, intermittently disabling condition with respect to driving," Van de North said.
He added that Viveros-Colorado testified that he "was driving out of necessity because of his work and hoped he could get home."
Defense attorney Alberto Miera argued that the state didn't prove gross negligence and suggested that the judge consider a lesser charge.
Viveros-Colorado's sport-utility vehicle hit the couple as they sat waiting for a bus July 5 in grass along E. 3rd Street after summer school.