St. Tammany grand jury indicts three Tuesday

By Matthew Penix
St. Tammany News
Published on Tuesday, May 27, 2008 9:33 AM CDT



A St. Tammany Parish grand jury Tuesday indicted two men accused of causing deadly accidents and another elderly man accused of sexual battery on a 9-year-old.

Darren Yax, 28, of Lacombe was indicted for vehicular homicide; Jose Palacious, 27, of Charlotte, N.C., for negligent homicide; and Jose Espirito, 69, for sexual battery.

Yax is accused of driving his Kawasaki motorcycle while drunk and killing his 30-year-old rider Heather “Dawn” Habisretinger during a Dec. 19, 2007, accident at the corner of Front Street and Cleveland Street in Slidell.

According to Slidell Police, Yax just left a café with Habisretinger when he slammed into the rear of car at “a high rate of speed,” Slidell Police Capt. Kevin Foltz said. Habisretinger was ejected and pronounced dead at the scene. Yax sustained serious injuries and spent several months in an Alabama hospital, Foltz said.

Yax’s blood alcohol level was .10 percent, higher than the legal limit of .08 percent, Foltz said.

In the grand jury’s second case, Palacious was indicted with vehicular homicide after causing a three-vehicle crash on Interstate 10 eastbound that left two North Carolina residents dead.

Wendy P. Gueuara, 25, of Durham and her passenger, 26-year-old Dunia Aguilera, were killed after flipping their GMC Envoy near the Louisiana-Mississippi border, State Police Troop L Spokesman Louis Calato said at the time.

The accident occurred at 2:25 p.m. after a second vehicle, a 2004 Hummer H2 driven by Palacios, swerved into their eastbound path as a joke, Calato said.

It wasn’t funny, he said.

Gueuara, whose 20-year-old brother Denis Gueuara was the passenger in the Hummer, swerved to avoid a collision, losing control of the GMC. She spun counterclockwise into the grassy median and into oncoming traffic in the eastbound lane where she started to flip, Calato said.

While tumbling and airborne she smacked an oncoming 1998 Mercedes 500. Both Aguilera and Gueuara died.

Espirito, 69, is accused sexually abusing a child for about two years between August 2007 and December 2007.

The child, 7 when the abuse started, saw a video at school about sexual abuse, Wood said. The video moved her to tell her stepmother, who took her to a hospital for an examination.

Confident abuse had occurred, doctors called law enforcement officials, Wood said, and Espirito was arrested.


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