Drunk Driver Who Hit 4 People In Flatbush Crash Indicted, DA Says

FLATBUSH, BROOKLYN — A drunk driver who slammed into another car, jumped the curb and crashed into a crowd of pedestrians in Flatbush last month has been indicted on assault charges, according to Brooklyn prosecutors.

David Olivier, 27, was driving with almost twice the legal blood alcohol limit when he rammed his 2004 silver Mercedes-Benz into another car and four people standing near Flatbush Avenue and Farragut Road on April 13 at about 8:40 p.m., police said.

Olivier first smashed into a white BMW, which was traveling north on Flatbush Avenue, when he tried to make a left turn onto Farragut Road, prosecutors said.

The BMW crashed into a gold Honda as Olivier continued driving south on Flatbush without stopping, said prosecutors.

The drunk driver soon lost control of the Benz and hit three people — a 16-year-old, 21-year-old and 22-year-old — who were waiting to cross the street, prosecutors said.

Olivier then jumped the curb and hit a 45-year-old who was standing near a phone booth, said prosecutors.

His pedestrian victims suffered fractures while the BMW and Honda drivers suffered pain and bruising, according to prosecutors.

Olivier, whose neck was broken in the crash, initially refused to take a blood test but, once investigators were granted a warrant, he was discovered to have a blood alcohol level of .14, almost twice the legal limit of .08, prosecutors said.

The Flatbush man was arraigned on a 14-count indictment in Brooklyn Supreme Court on Tuesday and charged with vehicular assault, assault and reckless endangerment, among other charges, prosecutors said.

“This defendant’s alleged unlawful and dangerous actions left a trail of injuries and carnage when he allegedly drove drunk," said Brooklyn District Attorney Eric Gonzalez in a statement. "I intend to continue to hold motorists who engage in criminal behavior accountable.”

But Aaron Wallenstein, Olivier's attorney who specializes in drunk driving cases, will argue that the BMW driver caused the crash by making "an aggressive turn" that forced Olivier to veer out of the way.

Wallenstein also disputed that his client was drunk and told Patch that when Olivier was tested in the hospital, his blood level was about .05.

"This is an unfortunate accident that was not caused by my client," Wallenstein said. "There are no winners in the case — this was a car accident and my client was injured."

Bail was set at $150,000 bond or $75,000 bail and Olivier was ordered to return to court on June 6, prosecutors said. Olivier faces up to seven years in prison if convicted of the top count.

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