SALEM, Mass. (MyFoxBoston.com) – A Salem man is accused of taking the fall for a woman who allegedly hit and killed a pedestrian on Sunday night.
Francisco Garcia told police he was driving his silver BWM on Bridge Street, when he accidentally hit the 42-year-old homeless man, whom officials have not yet identified. But prosecutors say Garcia was actually the passenger, and he lied to police to take the blame for the female driver.
Investigators have not released a motive for his statements.
"Mr. Garcia was not in fact the operator that struck the pedestrian," Assistant Essex County District Attorney Katelyn Giliberti said to a judge at Monday's arraignment. "His statements to police were intentionally misleading and in an effort to conceal the identity of the true operator."
A witness, Giliberti said, confirms that Garcia was driving.
"He (the witness) then observed a dark-skinned male get out of the passenger side of that silver BMW, go over to the victim, return to the passenger side," Giliberti said, "speak with someone through the window, retrieve a cell phone, then get back in the passenger side of that motor vehicle."
According to court documents obtained by FOX25, the pair stopped at the scene and pulled into a nearby parking lot. But another witness told police he saw a woman exit the driver's side of the car and run from the scene.
Police also say Garcia apparently sent the alleged driver an incriminating text message.
"Police asked Mr. Garcia if he lost his cell phone. He replied he had not," Giliberti said. "Moments after Mr. Garcia left, 'Francisco Garcia' appeared on the screen of that cell phone, and then a text appeared on the screen that stated, 'You (f----ed) up.'"
Garcia was charged with accessory after the fact/leaving the scene of a fatal accident.
His attorney, Mark Barry, said Garcia is not taking the blame for anyone. He also told the judge the witnesses' statements are not reliable because of the dark hour of night.
"Judge, he was forthright with the police," Barry said. "If he wanted to get away with something, he probably would've said somebody else was driving, but he didn't."
Garcia's aunt, Maria Nolasco, told reporters her nephew is wrongly accused.
"He's a good kid," Nolasco said. "He said that he was driving the car, and I believe him, because I know him very well."
The judge held Garcia on $5,000 bail. He is due to appear in court again on Sept. 2.
Police have not yet charged the alleged driver, but a spokesman for the DA's office says the investigation is still underway and future charges are possible.
Officials did not immediately release the name of the victim.