At the time, Mauro was visiting family in Aventura while on a tourist visa.
A Miami-Dade judge allowed him out of jail on bond, with a GPS-monitoring bracelet. The State Attorney’s Office later filed formal charges.
The case dragged on for more than a year. The toxicology came back five month later, showing his blood-alcohol content at .02 soon after the wreck — and the legal limit is .08. At best, prosecutors could have called an expert to testify that Mauro’s BAC was .06 at the point of impact.
“So we never would have been able to show impairment just by the alcohol levels in his blood alone,” Von Paulus concluded.
And as for the cocaine, the white powder noted on his nose came likely from the explosion of the air bag at the crash, his defense team has long said.
Mauro had no illegal drugs in his blood, the toxicology showed. As for the baggie of cocaine discovered on the ground?
“The scene itself had multiple people walking around before police arrived, and anyone of them could have dropped that baggie. We had no witness see him drop it. It was just as likely anyone else’s who was there that evening,” according to the final memo.
With the DUI manslaughter charge out, prosecutors could have relied on a vehicular homicide charge if they could have proved Mauro was driving recklessly.
But armed with the Mercedes’ internal GPS computer system that showed Mauro was not speeding over 70 miles per hour, the defense hired an accident reconstruction expert who calculated the speed as just over the 30-mph posted speed limit. The state attorney’s office consulted an outside traffic homicide expert, who reviewed the case and agreed.
“We were unable to disprove the defense findings,” Von Paulus wrote. “In a nutshell: although the defendant was driving over the posted speed limit, he was not driving at an excessive, reckless speed.”