Unity man sentenced to 12 years for manslaughter

All but two years suspended, followed by four years of probation
Mon, 10/17/2016 - 3:45pm

    BELFAST — A Unity man was sentenced in Waldo County Superior Court Oct. 12 for his role in the 2013 death of 23-year-old Oscar Tizon Brito.

    Alvaro Soares, 31, was determined to be under the influence at the time of the July 4 crash, which occurred at roughly 7:20 p.m. on Route 220 in Thorndike.

    A witness, who was traveling at roughly 60 mph toward the village portion of the town when passed by Soares, told law enforcement Soares’ vehicle was traveling at a “much higher speed,” than his own.

    After witnessing the vehicle, a 1998 Nissan 200XS, go around a corner, the witness then came upon wreckage of the vehicle, which was resting against two broken utility poles, according to court documents.

    Emergency personnel arrived on scene shortly after the witness reported the crash and found a deceased Tizon Brito in the front passenger seat. It reportedly took over two hours for Soares to be extracted from the car due to his being pinned by the wreckage. A badly injured female was found in the backseat of the vehicle, and both she and Soares were taken to Eastern Maine Medical Center by Lifeflight of Maine.

    After securing a warrant, law enforcement took a blood sample from Soares over three hours after the crash, which showed his blood alcohol level to be .07 percent.

    Deputy Sheriff Benjamin Seekins was responsible for recreating the crash. Seekins determined the vehicle began to rotate, sliding along a guardrail where the road curved. The passenger side of the Nissan then struck a parked trailer, the impact of which could have caused Tizon Brito’s death, according to court documents.  The vehicle then struck the utility poles, breaking them, and in the process “completely destroying the car,” according to the report.  

    The reconstructed speed of Soares’ vehicle was 98 mph. While the village area he was headed towards had a speed limit of 30 mph, that section of Route 220 is 50 mph further north.

    Investigation revealed that the three occupants of the Nissan had earlier attended a birthday party together. The woman, a relative of Soares, was dating Oscar Tizon Brito. The two had traveled to the area from Rhode Island, attending a birthday barbecue at the Unity home shared between Soares and his uncle.

    Guests of the party told law enforcement that although some liquor was consumed at the party, no one appeared drunk when the three left together to go to a club, according to court documents. The trio stopped at a store shortly after they left the party, purchasing a six pack of hard cider, which was found smashed after the crash. One unbroken bottle was found to be empty, though it can’t be determined who drank the beverage. The woman was determined not to have any alcohol in her blood, while Tizon Brito’s blood was not tested.

    The woman remained at EMMC until July 17, suffering a fractured skull, jaw and rib fractures, pelvic fractures, a lacerated spleen, and numerous facial injuries. She reportedly received numerous blood transfusions before doctors were able to stabilize her condition.

    Under a plea deal, Soares was convicted of manslaughter, while the charges of operating under the influence (causing death) and reckless conduct (with a dangerous weapon) were both dismissed.

    Soares was sentenced to 12 years in prison with all but two suspended, which will be followed by four years of probation.


    Erica Thoms can be reached at news@penbaypilot.com