LOGAN — A 69-year-old Amalga man has been and charged with felony automobile homicide months after an off-highway vehicle (OHV) crash near Newton Reservoir killed his passenger, Melissa Ann Alvares, a 38-year-old Smithfield woman. 

Kevin Bingham made an initial appearance Wednesday in Logan’s 1st District Court. He was charged with second-degree felony automobile homicide in connection with the Aug. 2 Polaris RZR crash, which occurred around 12:35 a.m. near 5800 West and 9200 North. The charge carries a sentence of 1-15 years in prison, if convicted. 

According to the affidavit of probable cause, a Cache County Sheriff’s deputy who responded to the scene discovered Alvares down an embankment and the RZR overturned in a field. She was pronounced dead at the scene. Bingham, who was involved in the crash, was transported to a hospital, and the deputy noted an odor of alcohol on his breath. 

During the initial investigation, the deputy located a cooler containing unopened beer cans and a new bag of ice near the Alvares’ body. The RZR also showed blood marks on the steering wheel and the driver’s side windshield, consistent with a head hitting the glass during a rollover. 

Bingham initially claimed to investigators that Alvares, a long-time friend, had been driving the RZR after they left a friend’s house party, and that he had not been drinking. He maintained this story during subsequent interviews, according to jail booking records. 

However, forensic evidence contradicted his account. An accident reconstruction deputy determined Alvares’ body placement was consistent with her being a passenger, and it appeared the passenger-side seatbelt was buckled and empty at the scene. 

Further investigation yielded crucial medical and DNA evidence. A toxicology report from Bingham’s medical records showed a blood alcohol concentration of 0.1884, almost four times the legal limit. DNA analysis also confirmed that the blood marks on the driver’s side steering wheel and windshield were highly likely contributed by Bingham, not the victim. 

During Bingham’s brief court appearance Dec. 3, he said his son was hiring an attorney to represent him. Judge Brian Cannell ordered he remain in jail and appear again in court Dec. 8.

Individuals arrested and charged in complaints are presumed innocent unless or until proven guilty beyond a reasonable doubt in court.



Source link

Leave a Reply