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Troopers admit wrong driver faulted in fatal crash

06:23 PM CDT on Friday, May 2, 2008

By RUDY KOSKI
KVUE News

Video
Troopers admit wrong driver faulted in fatal crash
05/02/2008
Local/State Videos
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State troopers are admitted they said the wrong driver was at fault in a fatal crash last month -- and are now they are trying to set the record straight.

Everything literally spun out of control last month two miles south of Jarrell -- the marks left behind by the crash near mile marker 271 in the northbound lanes can still be seen on the concrete dividing wall.

The marks will eventually fade away -- but because of the mix-up over who was at fault the emotional scars will take much longer to heal.

It was a terrible accident, followed by what some may consider a terrible mistake.

“We were going off the information that we had at the time,” said Department of Public Safety Sgt. Michael Smith.

As the area supervisor Sgt. Smith was at the scene of the April 15th crash.

Two people were dead -- Jonathan Davis Chatham, a college student from Cedar Park, and Austin businessman Joaquin Avila.

Smith identified Chatham as the wrong way driver that caused the three car crash.

“We preliminary said he was on the wrong side of the road based on witness statements that we got at the scene at that time,” said Smith.

About three days into the investigation new witnesses came forward with a better description of the vehicle that was heading the wrong way -- and it wasn’t the car investigators thought it would be.

Chatham was not the wrong way driver.

According to an updated accident report the wrong way driver was Joaquin Avila - and an autopsy revealed that Avila had also been drinking.

“We believe he was lost. He didn’t know where he was,” said Smith.

It’s also believed that before he crashed into Chatham Avila was driving the wrong way on the interstate for almost 18 miles.

Chatham’s parents were told about the mix up on Wednesday.

“I wasn’t there for that one, the interview, but I don know the investigator explained to the family, because we got more evidence now, we are able to say your sons vehicle was not on the wrong side of the road,” said Smith.

The DPS issued a statement that the mix-up over who was responsible was “regrettable.”

Investigators were trying to determine where Joaquin Avila was drinking before he got lost and crashed.