New questions about Miami Police investigation into horrific motorcycle crash that left woman with brain injury; lawsuit alleges off-duty firefighter was ‘driving drunk’ – WSVN 7News | Miami News, Weather, Sports
Tonight — new police body cam video raises serious questions about how the Miami Police department handled an investigation into a horrific motorcycle crash.
7’s Karen Hensel investigates.
Sahily Cuevas: “Living day by day.”
This is now the heart-breaking reality for Sahily Cuevas.
Sahily Cuevas: “This is the way that we feed Marian — four times per day.”
The nurse practitioner — quit her job to care for her daughter Marian.
Sahily Cuevas: “Close your eyes if you feel OK.”
Marian had part of her leg amputated — and suffered a traumatic brain injury — nearly eight months ago.
Sahily Cuevas: “We are hoping and waiting for the first words.”
Marian has not spoken since September 24, 2023. The energetic, athletic, outgoing 26-year-old — was the passenger on this motorcycle when it crashed.
As 7Investigates first reported in February — a witness described the driver going “at a high rate of speed” and running a stop sign before hitting a curb in Coconut Grove.
Nicolas Araujo — the motorcycle driver — is a Miami-Dade County firefighter. He was not on duty at the time.
The 29-year-old was injured — but recovered — as you can see in this fire department video.
On the day of the crash — he was tailgating with a group of friends before a Dolphins game.
In a picture with Marian, both had drinks in their hands.
February / Sahily Cuevas: “We have proof that they were drinking. They were drinking.”
Marian’s family and friends say the case was not properly investigated — starting with the fact that Nicolas was not given a DUI test.
February / Gabriel Varona, friend: “He was never tested at all, supposedly. That makes zero sense to me.”
Miami Police said “…there was no physical evidence at the scene that indicated the driver was impaired.” and “…they did not have any probable cause to ask for, or evidence, to obtain a warrant for a blood draw.”
February / Sahily Cuevas: “From my point of view, they didn’t investigate. They didn’t investigate.”
Karen Hensel: “It has been three months since our first story aired and Miami Police still refuse to answer even basic questions about what happened that September evening. And newly released body camera videos — raise even more questions.”
Body camera video/officer: “Give me two rescues please.”
When officers arrive at the scene, Marian and Nicolas are lying lifeless and bloody next to the motorcycle.
Body camera video/officer: “She lost a foot.”
As first responders work to save their lives, police start to interview witnesses.
Body camera video/witness: “They ran through that stop sign… My guess is between 70 and 100 miles per hour.”
Body camera video/witness: “He probably went through this stop sign at 65 or 70 miles per hour, if I had to guess.”
…but despite those two witness accounts — the estimated speed listed in the crash report is 35 miles per hour.
Body camera video/officer: “This is a crime scene right now.”
At one point, a detective shows up and appears to measure tire marks. But if a report from that detective exists — Miami PD has yet to provide it to us, despite our repeated requests.
Body camera video/officer: “Go back to mute.”
During most of the time — the officers have their cameras on silent mode. But we could hear what one of the witnesses said about the driver…
Body camera video/witness: “If he makes it, he should go to jail, for life. If he makes it. The poor girl is… He has to be drunk.”
No one knows if that statement is true or not. But the allegation that Nicolas was “…Driving drunk” is contained in this newly filed lawsuit against the firefighter.
Sahily Cuevas: “For me, he has to be responsible for his actions.”
The lawsuit says “in a pattern of recklessness…” Nicolas “…Gave motorcycle rides to further demonstrate his bravado.”
Just minutes before Marian got on Nicolas’s motorcycle — he gave another woman a ride — as she recorded on her phone.
Woman: “Another stop sign.”
The attorney representing Nicolas tells us he can’t comment on the pending litigation — which seeks damages of more than five million dollars.
Eric Sanchez, father (translation): “She is my daughter, the greatest thing I have.”
Marian’s dad has this message for Nicolas…
Eric Sanchez, father (translation): “And I think he’s not capable of being a fire rescuer. What’s the first thing he should have done when he came out of the hospital? ‘How’s Marian?’”
Marian is now showing some encouraging signs. We watched as her mom guided her through small exercises, like trying to swipe on a phone. But there is still such a long road ahead.
Sahily Cuevas: “Now that it’s around Mother’s Day, it’s hard. I never hear my daughter’s voice.”
So for now…These parents are the voice for their only daughter.
Karen Hensel, 7News.
Nicolas Araujo was eventually issued a non-criminal careless driving citation. The ticket was signed four months after the accident — on the day our first story aired.
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