Previously Deported Illegal Alien Charged in Florida Hit and Run That Killed Unborn Child
Bionel Cervin-Gomez, a previously deported illegal alien from Mexico, was arrested Saturday for a hit and run accident that killed an eight-month-old unborn child in Polk County, Florida on February 9.
Bionel Cervin-Gomez, PCSO booking photo.
The Polk County Sheriff’s Office reported:
…On Saturday, February 9, 2019, deputies responded to a crash involving three vehicles near Highway 17/92 and Shamrock Drive in Davenport. Cervin-Gomez was driving a GMC Truck when he violated the right-of-way of a Chevrolet Aveo, driven by 22-year-old Courtney Belser, who was pregnant. There was a one-year-old girl riding in the Aveo as well, who was not injured. The truck also struck a Ford van driven by 23-year-old Mario Albaladejo, who was uninjured. Cervin-Gomez fled the scene on foot prior to the deputies’ arrival.
Ms. Belser was later transported to Osceola Regional Medical Center as a precaution since she was 8 months pregnant—her unborn son was determined to be deceased. All others involved in the crash received medical attention at the scene and did not require transportation to any hospitals.
During the investigation, deputies obtained video surveillance that showed Cervin-Gomez purchasing beer at a convenience store two hours prior to the crash. They also discovered the GMC Truck had been recently purchased by Cervin-Gomez. Deputies conducted a search of three different residences, but could not locate him. He has no driver’s license on file in any state. An I.C.E inquiry was completed and deputies learned that Cervin-Gomez is a previously deported immigrant who returned to Mexico in 2000. He does not have current legal status to be in the United States…
PCSO video posted by The Lakeland Ledger, captioned: “In this surveillance video released by Polk County Sheriff’s Office, 48-year-old Bionel Cervin-Gomez is shown purchasing beer at a convenience store two hours before a fatal hit-and-run crash near U.S. 17/92 and Shamrock Drive in Davenport that claimed the life of an unborn boy. Cervin-Gomez is illegally in the U.S. and a warrant has been issued for his arrest.”
The Lakeland Ledger reported on the arrest of Cervin-Gomez:
Cervin-Gomez told deputies that he fled from the scene because he did not have a driver’s license.
Cervin-Gomez was taken to the Polk County Jail and charged with felonies for leaving the scene of a crash with great bodily injury or death and driving without a license causing death or great bodily injury. He is being held with no bond.
Cervin-Gomez is in the United States illegally, previously deported to Mexico in 2000. The Department of Homeland Security has been notified of his capture and that agency has requested a U.S. Immigration and Customs Enforcement (ICE) hold on him.”
WTSP-TV reported on details of the crash andon the Polk County Sheriff announcing Cervin-Gomez cannot be charged in the death of the unborn child due because a DUI charge is not available as the perp fled the scene.
…Courtney Belser’s unborn son died because of the trauma she endured during the wreck. The pregnant mom was in the car with her husband and baby daughter. Everyone was okay except Belser’s unborn son.
“I felt the impact, and I just knew something was wrong,” Belser said.
She was eight months pregnant. Sheriff Grady Judd originally wanted to pursue vehicular manslaughter charges.
“They’re researching the law to see if the law will allow us to do that,” Sheriff Judd. “Quite frankly, if it doesn’t provide for it, then I’m going to approach the Legislature and go, if the child is viable, what he’s done is he’s killed a baby and that’s what he did. He killed the baby.”
After looking into the law, a spokesperson with the Polk County Sheriff’s Office determined they won’t be able to charge Cervin-Gomez with manslaughter because the crash was caused by a non-criminal traffic offense. Investigators believe Cervin-Gomez turned into Belser’s right of way.
…The law does allow charges for the death of a fetus in a DUI situation.
Instead, Cervin-Gomez is charged with two felonies, leaving the scene of a crash with great bodily injury or death and driving without a license causing death or great bodily injury.