Driver In Crash That Killed 2 Students Only Had Learner's Permit: Cops

FAIRFAX, VA — Prosecutors say the driver on trial for manslaughter in a June 7, 2022, crash that killed Oakton High School students Ada Gabriela Martinez Nolasco and Leeyan Hanjia Yan and injured another teen entered the suspect's driving record as evidence in the case Monday.

Usman Shahid, who police say was driving a BMW at 81 miles per hour southbound on Blake Lane just before the crash, only had a learner's permit at the time. Virginia law requires that drivers must be 21 or older, or 18-years-old and accompanied by a legal guardian or sibling when they're driving. At the time of the crash, Shahid was 18 and a resident of Fairfax County.

Neither of the two passengers in the BMW were related to Shahid.

Circuit Court Judge Randy Bellows overruled defense attorney Peter Greenspun's objection that the driving record was not relevant to the case. Greenspun said police had not charged Shahid with driving without a license. He is charged on two manslaughter charges in connection with the fatal crash.

Bellows explained that he was allowing the evidence. He agreed with the prosecution that Shahid's disregard for the requirements of his learner's permit could be argued as evidence of his "wantonness" to drive and choosing to drive at a high rate of speed.

Related: Crash Kills 2 Oakton High School Students, Injures Third: Police

Police say that Shahid was driving a white BMW with two passengers on June 7, 2022, when it collided with a Toyota 4Runner driven by Ben Phan. The BMW then went over the curb, struck a fence and three pedestrians and came to a stop after striking a mailbox, utility box, and power pole.

Phan testified on Thursday that he was turning left from the left northbound lane of Blake Lane onto Five Oaks Road on a yellow arrow, when he saw pedestrians in the crosswalk and stopped, according to NBC4.

"I was waiting for the tail end of the group coming through … I felt, like, a slam. It was a train-like collision I’ve never experienced before … My initial thought was it was a bad movie … I was in shock," Phan said, according to NBC4's reporting.

Related: Families Await Answers 1 Year After Fatal Crash On Blake Lane

On Monday morning, Greenspun cross-examined retired Fairfax County Police Detective Christine Snyder, who was in charge of the Crash Reconstruction Unit's investigation.

Snyder testified that due to the location of the victims' bodies and where the BMW collided with the fence, they were likely not the pedestrians in the crosswalk who had caused Phan to stop his turn in the middle of the southbound lanes. She reported that Phan had described seeing a pedestrian with a "band instrument" in the crosswalk.

During Phan's testimony on Thursday, Greenspun attempted to shift the blame away from Shahid and onto Phan, according to NBC4's report. He appeared to continue this strategy on Monday.

Using a detailed diagram of the intersection drawn by Snyder that was included in her incident report, Greenspun pointed to the area near the corner where the pedestrians would've been standing at the time of the crash. He asked where the pedestrian with the instrument was standing, because they would've been in the path of the BMW once it mounted the sidewalk.

Snyder said she did not know. She admitted that she had been unable to identify or locate that person or any other witnesses at the intersection at the time of the crash.

When Greenspun finished his cross examination, the prosecution submitted Shahid's learner's permit. After a brief discussion, Bellows allowed it to be entered as evidence. He then dismissed the jury for an extended lunch break so that he could discuss some matters with the prosecution and defense team.