Man Charged In Crash That Killed Tow Truck Driver On I

Jan 03, 2024

NORTH HAVEN, CT — A Cromwell man has been charged with manslaughter in connection with a crash that killed a tow truck driver who was helping a woman whose car was broken down on I-91 North in North Haven last May, according to Connecticut State Police.

State troopers responded to the crash around 6:20 p.m. on May 21 near Exit 10 on I-91 North. Initial reports indicated that the vehicle that struck the pedestrian continued on I-91 before becoming disabled near Exit 14, according to police.

A Mazda and a tow truck were found parked in the right shoulder in the area of Exit 10. Police said the Mazda appeared to have damage to its rear bumper and trunk, as well as a broken rear windshield. The tow truck was parked behind the Mazda and had no visible damage, according to police.

The tow truck driver, identified as 38-year-old Christopher Russell, was found in the roadway between the Mazda and tow truck and was pronounced dead at the scene, police said. A woman, the driver of the Mazda, was standing next to Russell when police arrived.

A second trooper responded to the disabled vehicle near Exit 14 in Wallingford. The trooper found a red Nissan Rogue with "visible damage to its entire driver's side, as well as its right front quarter panel," according to police.

The driver, identified as 55-year-old Luis Resto, was unresponsive, police said.

"Wallingford EMS suspected Resto of being under the influence of narcotics and began providing treatment at the scene," police wrote in a news release. "Resto became more alert and was transported to Midstate Medical Center for further evaluation."

Investigators found that the Mazda got a flat tire around 6:10 p.m. while traveling on I-91 North. The driver pulled over the right shoulder before Exit 11, activated her vehicle's hazard lights and took tools from the trunk. A tow truck pulled up and parked in the shoulder behind her vehicle.

Russell asked the woman if she needed assistance with the tire change, according to police. The woman told police that the lights on the tow truck were illuminated as Russell helped with the flat tire. Russell indicated that he was done working and was heading to Windsor to drop off the tow truck, police said.

After the tire change, Russell returned to the truck and the woman returned to her vehicle.

"As she prepared to pull away, she felt an impact at the rear of her vehicle," police wrote. "She saw a red-colored vehicle, which she believed to be a Nissan, traveling north in the right lane."

The woman got out of her vehicle and saw damage to her vehicle's rear windshield and trunk before finding Russell laying on the ground, unresponsive and without a pulse, according to police.

Police said the woman called 911 and began performing CPR until North Haven Police, Fire Department and EMS arrived at the scene. She never saw the red-colored car pull over, according to police.

"Resto, during an interview at the hospital, explained to investigators that he left a friend's house in New Haven and bought a small bag of heroin, which he consumed before entering I-91 northbound," police wrote in the news release. "Resto said he did not recall getting into an accident, he only remembered paramedics transferring him to a stretcher. Resto authorized the release of his medical records and consented to allow investigators to search and examine his vehicle; Resto signed the required forms in the presence of medical staff. When asked to participate in an examination administered by a Drug Recognition Expert (DRE), Resto declined.

"Investigators determined that at the time of the collision, Russell had been walking back to his tow truck on its driver's side. The Nissan Rogue began drifting over from the right lane, through the acceleration lane and partially into the right shoulder where it struck Russell. It was determined that the Nissan continued for nearly five miles before colliding with the wire rope guardrail in the center median and becoming disabled."

A witness with dashcam footage of the incident met with investigators on May 23, 2022. The witness told police they remembered seeing a tow truck with flashing yellow lights illuminated. They saw a red SUV hit the right metal guardrail "5-6 times" near Exit 12 and that traffic began to slow down due to the "erratic operation of the SUV."

After losing sight of the SUV, the witness saw the vehicle strike the guardrail along the left side of the roadway and come to a stop in the left shoulder near Exit 14, according to police.

"The witness stopped their vehicle and approached the red SUV," police wrote. "The witness observed a male in the driver's seat, who they described as ‘gasping for air’ and ‘incoherent.’ The witness observed a ‘vape-like’ object in the operator's hand and, upon the arrival of police, the witness departed from the scene. After learning of the fatal collision on the news and reviewing dash camera footage, the witness contacted State Police."

The dashcam footage corroborated the witness's account, according to police.

Detectives examined and collected evidence from the Nissan Rogue.

"Among the items seized was one wax paper fold containing a white powdery substance, consistent in appearance with narcotics packaged for street-sale, located within reach of the driver's seat and therefore accessible to Resto," police wrote.

On March 21, investigators received results of the forensic examination of the wax paper fold containing a white powdery substance, which tested positive for Fentanyl and Xylazine, according to police. Also on March 21, police said the examination of hair-like fibers collected from the Nissan's passenger side front fender concluded that the hair-like fiber was "human hair fragment" and "other trace material."

"Based upon the analysis of the CSP Collision Analysis and Reconstruction Squad, the operator of the Nissan Rogue, Luis Resto, failed to drive within the confines of the right lane on I- 91 northbound," police wrote. "Investigators determined that Resto was improperly traveling within the acceleration lane where the impact with Christopher Russell occurred while he was standing adjacent to the left side of the tow truck. Following the impact with Russell, the Nissan encroached into the right shoulder and collided into the rear of the Mazda before evading the scene. It was determined that Resto was operating in a manner consistent with impaired driving behaviors and, in a sworn written statement, Resto confirmed that he had consumed a bag of heroin and ‘blacked out’ while operating the Nissan."

Resto was arrested Monday on a warrant and charged with second-degree manslaughter with a motor vehicle, first-degree reckless endangerment, possession of a controlled substance – second offense, operating under the influence of drugs / alcohol, evading responsibility resulting in death, failure to maintain proper lane, and illegal operation failing to move over for an emergency vehicle.

He was being held in lieu of a $50,000 bond with a court date of May 17, according to state judicial records.