HOUSTON – A man accused of speeding and causing a fatal crash on Katy Freeway faced a judge Tuesday.
Police said Gustavo Guadalupe Aybar, 30, had a 3-year-old in the back seat of the car while he was speeding in the area of 17800 Katy Freeway Saturday evening.
According to investigators, Aybar lost control of the Cadillac he was driving and hit a Nissan Versa. The Nissan then rolled over and hit a wall, killing the 65-year-old passenger of the Nissan. Aybar also hit a another car, police said. The driver of the Nissan was taken to Memorial Hermann Hospital in stable condition.
A passer-by caught the three-car pile-up on dashcam video. Prosecutors accuse Aybar of weaving in and out of traffic, topping speeds of 100 miles per hour, they said.
According to police, Aybar was found in possession of marijuana and was taken into custody at the scene.
He was charged with possession of a controlled substance and endangering a child, but more charges, including manslaughter, could follow, depending on the investigation.
"Whenever we have a case that does not include impairment as a charging instrument, we wait for a full investigation by the police department to me sure we have all of our facts straight so we can file the appropriate charge," said Alison Baimbridge, assistant District Attorney, Harris County District Attorney's Office.
The investigation includes an accident recreation to determine an exact approximation of how fast Aybar was driving, officials said.
Aybar has a lengthy criminal record that stretches back to 2004, including a conviction on a charge of assault with a deadly weapon, officials said.
Investigators are also looking into the person with whom Aybar allegedly raced Saturday. Prosecutors said that person could be charged, as well, possibly as a co-defendant.
Aybar was out of jail on bond on a pending dtug charge at the time of Saturday's arrest. A judge upheld a magistrate judge's decision to revoke bond. Aybar will rem as in behind bars until his next court appearance.
The victim's identity has not yet been released.