A Galloway Township woman charged with vehicular homicide in a fatal 2020 hit-and-run was released with conditions Tuesday.
Carmen Ruiz called police from her home Sept. 25, 2020, saying she struck an object in the westbound lane of the White Horse Pike on her way home from work at the Borgata Hotel, Casino & Spa, according to the affdavit.
She wasn’t sure what it was due to the foggy conditions, and continued home before making the call.
Dustin Miller, 25, was found dead, facedown in the marsh in Atlantic City about an hour later.
Vehicle debris at the scene was consistent with parts missing from Ruiz’s vehicle, Assistant Prosecutor Elizabeth White told the judge during the detention hearing.
Those reports found Ruiz had five types of medication in her system, White said Tuesday.
The anti-psychotic medications were prescribed to Ruiz and were in the initial reports at the time of the crash 27 months ago, defense attorney Salvatore Imperiale told the judge, saying the crash was “a tragic accident.”
The officers on scene indicated it was an accident and that there were no signs of impairment or intoxication, Imperiale said.
Judge Patricia Wild pointed out that there also was a charge of leaving the scene of a fatal crash.
The fog was so thick, you couldn’t see feet in front of you, Imperiale quoted the report as saying.
Miller was in the middle of the road presumably naked, Imperiale said.
He argued that continuing the few minutes home rather than trying to pull over in the fog with no shoulder in the road was reporting.
But the prosecutor pointed out there were residences and businesses on the route before Ruiz would arrive home.
“If you think you hit a person (there were places) to report that before you get all the way home,” White said.
Ruiz’s only driving infractions were a 2006 speeding charge and obstruction of windshield, with no criminal history, her attorney said.
He presented the court with 19 character letters for Ruiz.
There are “serious issues here with the weight of the evidence,” Judge Patricia Wild said, noting some of the questions raised by the defense.
The judge also noted there have been no infractions in the 27 months since the fatal crash.
Ruiz, now 55, has two children, takes care of her elderly mother and has worked at the Borgata since it opened, her attorney said.
Ruiz will not be allowed to leave the state under the conditions of her release, and must check in with pretrial services once a month by phone and once a month in person.
The judge also ordered a list of prescribed drugs be provided to the court.
