ST. GEORGE, Utah, Nov. 1, 2023 (Gephardt Daily) — The 36-year-old father of two boys, ages 4 and 9, is facing charges in connection with the alleged DUI and speeding crash that caused their deaths.
An affidavit filed by an officer of the St. George Police Department says Eric Bowen Babauta will be investigated on suspicion of:
- Two counts of negligently operating a vehicle resulting in death, a second-degree felony
- Two counts of driving under the influence with a passenger younger than 16, a class A misdemeanor
- Violation of a protective order (jail release agreement), a class A misdemeanor
- Reckless driving, a class B misdemeanor
As in all cases, charges will be determined by the county attorney’s office.
Babauta’s affidavit says the officer responded at 5:19 p.m. to 575 N. Dixie Drive on the report of a single-vehicle accident involving a power pole. Witnesses reported the vehicle was traveling south when it drifted across the left turn only lane, through both lanes of northbound traffic, over a curb and into a large metal power pole.
“When I walked through the accident scene, there were no skid marks or signs of braking from the suspect vehicle, a black 2017 four-door Nissan Sentra,” the officer’s statement says.
Babauta was in the driver’s seat and was trapped inside the car. His children were in the back seat, and were not secured in restraint devices. Both boys were in critical condition, and were transported to a local hospital, where they died.
“The children appeared to have been deceased due to the collision caused by Eric’s negligent driving and being under the influence,” the affidavit says.
DUI
While still at the scene, “officers observed numerous indicators of impairment from Eric,” his court documents say. “Eric had slow and slurred speech. His movements were slow and lethargic and he was not making sense. His eyes were glassy and bloodshot, he had constricted pupils and a yellowish, jaundice coloring to his eyes. Eric had a gaunt and sallow look to his face, and erratic and tremor-like movements in his eyes.
“Based on Eric’s injuries, officers were not able to conduct the standard field sobriety tests on him. He was extricated from the vehicle after extensive effort, and transported to the hospital via ambulance.”
The officer said Babauta’s low blood pressure and pulse rate were consistent with those seen in people who are under the influence of controlled substances such as narcotics and central nervous system depressants. He also exhibited mood swings.
“One minute he was sad and concerned and the next he would turn and curse at medical staff and attempt to assault them as well,” the officer’s statement says.
“When officers were speaking with Eric at the hospital, he made multiple comments about drug use. He explained his drug of choice is methamphetamine. He claimed he is not allowed to be around his kids when he is high and swore he has not used so he could be around his kids. As Officer Groves spoke with him, he was not making any sense. He kept asking where he was at, what vehicle he was driving, and claimed he did not know what kids were in his vehicle or where he was going.”
Babauta said he had no memory of hitting the power pole, “or even that two of his children had been in the vehicle,” the affidavit says.
A warrant was issued for blood and urine tests, and “Eric’s urine tested presumptively positive for methamphetamine and amphetamine.”
A crime scene surveillance video analysis would determine that at the time of the crash, Babauta was traveling at about 80 mph in a 40 mph traffic zone.
It was also determined Babauta picked up the children at their mother’s house in violation of a domestic violence protective order that forbade him from having contact with the boys’ mother.
At last report, Babauta remained hospitalized and had not been moved to the Purgatory Correctional Facility.
