PROVO, Utah, April 12, 2025 (Gephardt Daily) — A man with what appeared to be a cut to his head, which turned out to be a gunshot wound, was arrested Friday night in Provo for driving under the influence.
Family members had requested a welfare check on Oscar Diaz, 34, who they said had been drinking and had a cut on his forehead. Provo police responded to Waffle Love, where the family of Diaz said he could be found, his arrest document says.
At about the same time, Provo police officers had been dispatched to the area of the restaurant, where a single-vehicle crash had occurred.
“When I arrived, I found Oscar walking away from a white Nissan Altima that appeared to be involved in a single-vehicle accident,” says the arrest document filed by a Provo Police officer.
“Oscar was pacing around and could not hold still.”
Medics transported Diaz to Utah Valley Hospital to be treated for his head wound, the statement says. An officer performed an inventory search of the vehicle “and found an open bottle of liquor, marijuana and paraphernalia.”
The arresting officer went to the hospital. Post Miranda, Diaz admitted to using meth the day before and drinking alcohol earlier in the day.
Asked about the gunshot wound, Diaz said he was a passenger in a car earlier in the day, but he would not give the driver’s name, the arrest document states.
Diaz said he was holding his friend’s gun, reportedly a 9mm pistol, and was looking down the barrel when the firearm accidentally discharged. Diaz said the driver then dropped him off at his sister’s house.
“Oscar spoke to many of his family members in person, but was never taken to the hospital,” his arrest document says.
In the single-vehicle incident, Diaz was found to be an alcohol-restricted driver who had been driving without a state-mandated interlock device. In all, he was arrested for the investigation of the alleged crimes of:
- Purchase/transfer/possession/use of firearm by restricted person, a third-degree felony
- Driving under the influence, second offense in 10 years, a class A misdemeanor
- Three counts of possession of a controlled substance schedule I/II/analog, a class A misdemeanor
- Alcohol restricted driver, a class B misdemeanor
- Possession of controlled substances marijuana/spice, a class B misdemeanor
- Discharge of a firearm from, upon, or across any highway, a class B misdemeanor
- Use or possession of drug paraphernalia, a class B misdemeanor
- Failure to install ignition interlock device, a class C misdemeanor
- Open container drinking in a vehicle, a class C misdemeanor
- Unsafe lane travel, an infraction
A warrant-approved blood test showed that Diaz tested positive for alcohol, amphetamines, ecstasy, methamphetamine and THC, the arrest document says.
Diaz was ordered held without bail in the Utah County Jail.
