News
Acosta appears in court
Scott Wagar
07/17/2012
Juan Acosta, 30, Newburg, N.D., made his initial appearance in court Tuesday morning before the Northeast Judicial District Judge, Michael G.
Sturdevant, in accordance with the incident at Lake Metigoshe where Acosta lost control on his vehicle, drove over a tent and killed two young children while injuring another child and an adult.
Acosta was charged with two accounts of manslaughter (Class B Felonies), two counts of reckless endangerment (Class C Felonies), unauthorized use of a motor vehicle (Class C Felony) and driving under the influence (Class B Misdemeanor).
Acosta also asked for a court appointed attorney and his bond and surety was set at $250,000.
States Attorney, Swain Benson III, requested from Sturdevant that Acosta’s bail be set at $400,000 because of the seriousness of the incident, Acosta’s previous criminal record in California, and fear that Acosta would be a flight risk.
The criminal cases in California against Acosta consisted of a number of DUIs, reckless driving, carry a loaded handgun and obstructing/resisting an executive officer which is a felony in the state of California.
Sturdevant felt the $400,000 bond was steep and set the bail at $250,000, feeling the bond would ensure Acosta staying in the area.
Acosta did not appear in court as he is being held in the North Central Correction and Treatment Center in Rugby. However, he appeared on television through IVN, or Interactive Video Networking system.
PRELIMINARY HEARING
On Friday, the second court appearance took place on IVN for Acosta to determine if he would request an attorney and move forward with a preliminary hearing.
It was learned through the court that Acosta requested a public defendant, and was granted Bill Hartl from Rugby, N.D.
Hartl requested a preliminary hearing on all five charges against Acosta, at which time Benson requested at least two months to gather all the evidence in the case and prepare for the hearing.
Sturdevant set the date for the preliminary hearing for Sept. 21. The hearing will take place at the Bottineau County Courthouse.
Hartl then requested that Acosta’s bond and surety be set at $150,000. He explained to Sturdevant that Acosta had been living in Newburg since October 2007; works as a roustabout in the oil fields and would like to go back to work (Acosta is presently employed with Basin Oil Services); and that he has a home free of debt in Newburg, along with three vehicles in his name that are registered in the state of North Dakota, which Acosta could put up for bail if it was set at $150,000.
Benson stated that he was against the bond being changed to $150,000 for the same reason he stated in court on Tuesday, and asked that it remain at $250,000. He also stated that if Sturdevant made the decision to lower the bond he would like to see Acosta wear a monitor bracelet to keep track of him.
Hartl stated that his client was comfortable with wearing a monitor and added that Acosta would also call the proper authorities to let them know where he was at all times and how he was doing.
Sturdevant stated that he was going to leave the bond at $250,000 to ensure Acosta’s presence in the area.
THE INCIDENT
According to the North Dakota Highway Patrol report, the crimes that Acosta is being charged with took place on Sunday, July 8, at Lake Metigoshe’s Hahn’s Bay. Acosta was in Hahn’s Bay driving too fast at 1:10 a.m. in a 2006 Ford F-250 Super Crew truck, which belonged to someone else, when he lost control of his vehicle while going around a curve. Acosta’s truck went into a campsite, over a tent and crashed into a tree.
Two brothers from El Paso, Texas, Alaries Ruiz, age five and his brother, Cyris, nine years old, were pronounced deceased at St. Andrew’s Health Center due to the accident, while another juvenile from El Paso, Texas, age nine, sustained minor injuries.
The adult male, Juan Ruiz, age 28, Alaries and Cyris’ father, received serious injuries and was air lifted to Trinity Hospital in Minot.
The nine year boy was released from the hospital last week, while Ruiz is recuperating and will recover from his injuries.
Two other men, Jesus Torrez, 28, of Newburg, and James Klundt, 26, of Newburg, were with Acosta in the truck. Acosta sustained minor injuries, while Torrez and Klundt were unharmed.
Torrez wasn’t charged with any crime in the incident and was let go. However, Klundt has been charged with hindering law enforcement in an investigation. He will make his initial court appearance on the charge July 24, at 10 a.m. at the Bottineau County Courthouse.