El Paso, TX — November 2, 2024, Rick Ballard and Dalia Olivas were fatally injured in a crash with an alleged DWI driver on Rojas Drive in El Paso County.
According to authorities, the incident happened around 11:30 p.m. at the intersection of Rojas and Eastlake Boulevard. Preliminary investigation suggests that Ballard, 29, and Olivas, 28, were traveling north on Eastlake in a Mercedes vehicle when they started to pass through the Rojas intersection with a green light. Investigators say that 23-year-old Fort Bliss soldier Juan Del Valle Ferrer disregarded a red light and crashed his eastbound Honda HR-V into the Mercedes. After the impact the Mercedes spun off the road and hit a pole.
Rick Ballard was pronounced dead at the scene. Dalia Olivas was transported to a local hospital where she later died of her injuries. Juan Del Valle Ferrer was taken to another hospital for treatment of serious injuries. Police announced plans to arrest him on two counts of intoxication manslaughter after his release.
The investigation is ongoing. No further information is currently available.
Commentary by Attorney Michael Grossman
Obviously it’s a very serious allegation to say a driver was intoxicated when they caused a crash. If police confirm their suspicion with clear evidence like blood test results, then I think most everyone would agree that the offending driver should face harsh punishment for the choices that cost two people their lives. That seems only right, considering the devastating damage he caused.
However, when I talk to victims and families hurt by DWI drivers they don’t just want to see some charges filed and the whole matter considered closed. They usually want to know they have all the facts about what happened, if only for closure. Getting them those facts generally takes further investigation beyond the efforts of law enforcement, and sometimes it turns out the DWI driver isn’t the only one responsible for a crash. Under Texas dram shop law, any business that provided the driver with too many drinks may also be liable for the damage they caused.
To be clear, I bring up dram shop not to redirect any blame from the alleged drunk driver. As I said, if he was intoxicated then he should be held accountable for his choices. However, I would argue that everyone responsible for the awful events on Rojas Drive should face repercussions. Unfortunately, police are not always the most reliable investigators of dram shop violations.
Stopping a local bar or restaurant from filling the roads with illegally over-served drivers seems important enough to get serious attention from authorities, but we’ve found over the years that they rarely look into that side of DWI accidents. Why? You’d have to ask them, but whether it’s a lack of resources or simple disinterest a lot of pour-happy bars never see so much as a slap on the wrist. Ensuring they’re held accountable takes clear proof, and to find that someone may need to pick up where police left off. At the very least, that could help provide the whole story to the people who need and deserve it.
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