A Cedar Lake man is accused of crashing his scooter with two preschoolers on board while under the influence of alcohol.
Sergio Antonio Gutierrez, 33, is charged with two counts of neglect of a dependent, a Level 6 felony; two counts of operation of a vehicle while intoxicated, a Level 6 felony, and two misdemeanor OWI charges.
Around 5:55 p.m. on July 13, Cedar Lake Police were dispatched to the 12000 block of Woodmar Place for a report of an intoxicated man driving a scooter on the road with his two kids, according to the probable cause affidavit. The caller reported he had crashed on the road and said he was acting erratic.
When police arrived, they found that the 5-year-old boy had road rash on his face and a scratch on his chest, records state. The 3-year-old boy was inside the hose with his mother and had road rash under his left eye and on both hands.
Police spoke to Gutierrez who said he was driving with his sons on an electric Red Razor scooter when they crashed the scooter at 124th Avenue and Woodmar Place, court records state. Gutierrez walked home with the boys and put the scooter in the garage. Officers could smell alcohol on Gutierrez’s breath, the affidavit states. He denied drinking any alcohol at first but later admitted that he had a Coors Light.
A witness told police that Gutierrez had a few drinks during a lunch interview around noon at a local bar and then returned home, records state. The witness said that she thought he went back to the bar around 3 p.m. and returned home about 20 minutes before the scooter crash.
Gutierrez agreed to take a portable breath analyzer test, and his blood alcohol content was measured at .177%, court records state.
