If his two friends have anything to stay about it, the assault charges against Ruben Dominguez will be dismissed.
Dominguez, 25, of Concord, NC has already pleaded guilty to driving under the influence of alcohol for his part in a wreck on Interstate 75 in which two of his friends were ejected from his SUV. At his preliminary hearing Tuesday in Whitley District Court, his attorney Lee Gilbert told the court that Arturo Hernandez, who was ejected out the back window of the SUV and Victor Alcoron, who was thrown out the passenger window and then run over by a passing SUV, will likely tell the court they would like the two counts of second-degree assault to be dismissed.
"We will set the case for an addition pretrial and see what their desire is," District Court Judge Jason Price responded, ordering Dominguez to return to court at 9 a.m. on Oct. 13.
In addition, Price agreed to Gilbert’s request to amend Dominguez bond from $25,000 cash to $10,000 post 10 percent.
Dominguez was arrested Sept 16 following the wreck that shut down northbound I-75. According to police, Dominguez admitted to drinking three pitchers of beer before he got behind the wheel of his SUV and drove north on I-75. As the vehicle approached the 28 milemarker, Dominguez lost control and slammed into a rock wall, ejecting Hernandez. The vehicle then began to roll back across the highway during which Alcoron was ejected.
Both men were airlifted to the University of Kentucky Medical Center.
Dominguez was treated and released at Baptist Regional Medical Center and then charged with driving under the influence of alcohol, possession of marijuana and two counts of second-degree assault.
In exchange for his guilty plea on the DUI charge, he was sentenced to 30 days in jail, conditionally discharged provided he have no further incidents in the next two years. In addition, his driving privileges were suspended for 90 days and he must complete an alcohol treatment program.