SALT LAKE COUNTY, Utah, Jan. 19, 2021 (Gephardt Daily) — A man arrested after a fatal auto-pedestrian crash in South Salt Lake has had two DUI arrests in the past month, officials said.
A probable cause statement from the 3rd District Court of Salt Lake County said Joshua Edward Larry Fenstermaker, 34, is facing a charge of operating a vehicle negligently causing injury or death, a second-degree felony.
Fenstermaker was involved in a crash in the area of 3280 S. 900 West shortly before 3:30 a.m. Sunday. Fenstermaker struck a pedestrian, which resulted in her death. A reconstruction of the accident is still pending.
Following the collision, a South Salt Lake Police Department officer noted signs of impairment in the suspect, including “erratic emotional state, constricted pupils and physical tremors,” the statement said.
Fenstermaker submitted to field sobriety tests which indicated possible impairment.
After being read his Miranda rights, Fenstermaker admitted to consuming controlled substances several days prior. A preliminary urine screening indicated positive for oxycodone/morphine, cocaine and benzodiazepines, the affidavit states.
On Dec. 23, Fenstermaker was arrested in a separate DUI incident. That incident is awaiting blood toxicology results before it can be filed with the Salt Lake County District Attorney’s Office. The statement of officers said Fenstermaker was parked in a no-parking zone on 1000 West in Salt Lake County on that date. Signs of impairment were observed as well as the odor of marijuana. Fenstermaker submitted to field sobriety tests, which indicated possible impairment, was arrested and submitted to a blood test, which is still pending. Incident to his arrest, field-tested methamphetamine and marijuana was located.
Fenstermaker was transported to Salt Lake County Jail, where he is being held without bail.
How is this guy out after two DUI arrests in the last month? His third offense and he kills an innocent woman? Waiting on toxicology reports? The police and prosecutor did not do their job protecting the public from this menace. DUI should have a mandatory jail sentence. This is no different than a drunk carrying a loaded gun and randomly shooting around town. You would be locked up immediately. I hope the victims family sues the state/city and county officials for their incompetence.