Schmaltz bound over to district court on two felony charges
Drew Schmaltz
Taylor Magdaleno
A 21-year-old Minatare man will be facing two felony charges in district court of motor vehicle homicide while driving intoxicated and manslaughter after waiving his right to a preliminary hearing Monday in Scotts Bluff County Court.
Drew Schmaltz is accused of being at the wheel of a pickup truck that rolled near the intersection of County Road 29 and County Road M late Friday night. 21-year-old Taylor Magdaleno of Gering died as a result of injuries suffered in the accident.
Emergency personnel were notified of the accident at 11:41 p.m. on Friday evening. Scotts Bluff County Sheriff's Deputies, the Minatare Fire Department, Valley Ambulance, and the Nebraska State Patrol responded. Airlink responded but did not transport any of the victims. County Attorney Doug Warner also responded as coroner.
Investigation revealed that a southbound pickup truck occupied by six males and driven by Schmaltz left the roadway and rolled several times. At the time of the accident, four of the males were riding in the cab, and two in the pickup bed. Taylor Magdaleno was the front seat passenger, and was ejected.
According to court documents, a breath alcohol test showed Schmaltz had a level of .155, nearly two times the legal limit.
The other individuals in the vehicle were 21-year-old Ruben Esparza of Gering, 21-year-old Carlos Palomo of Gering, 21-year-old Jake Peltz of Alliance, and 22-year-old Dillon Brousard of Minatare. None of the occupants were wearing seat belts.
All of the occupants received treatment for their injuries. Following treatment at Regional West Medical Center, Sheriff's Deputies arrested Schmaltz.
After waiving his preliminary hearing in County Court, Schmaltz will make a first appearance in District Court on Friday, August 3rd at 1 p.m.
Schmaltz was released on 10 percent of $100,000 bond.
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