Police: Man who struck, killed Waverly student said he's legally blind

CHARLOTTE - The man police said fatally struck a Waverly High School student with his vehicle last month told police he didn't have a license because he is legally blind, according to court records.

Hector Arroyo called police to report that he thought he struck a deer around 7:25 a.m. Oct. 28, while he was driving westbound on Michigan Avenue, Det. James Maltby, of the Eaton County Sheriff's Office, testified last month during a court hearing.

Arroyo told Maltby he didn't stop because he didn't have a license and that the Secretary of State had suspended it because he's "basically legally blind," Maltby testified. Maltby added that the time frame and location matched up with the crash that killed Waverly High School ninth-grader Helina Dirba, 13, who was crossing West Michigan Avenue near Colt Elementary School.

She died at a local hospital several days later.

Arroyo is charged with involuntary homicide-manslaughter with a vehicle, driving while license suspended causing death and failure to stop at the scene of a crash causing injury or death.

Edwar Zeineh, Arroyo's attorney, said the hearing Maltby testified at just establishes probable cause for a warrant and like all cases there is more to Arroyo's story than what was presented during the hearing.

"We are in the process of doing our own investigation, which furthers the work done by the police in the case," he said.

Arroyo's license was suspended indefinitely in October 2012 for a medical reason and expired in April, according to the Secretary of State's Office, which added that he previously petitioned for re-examinations to lift the suspension. The most recent re-examination — in September — resulted in another indefinite suspension.

Maltby testified that the damage to Arroyo's vehicle was consistent with a vehicle-pedestrian crash, based on his experience.

Witnesses told police a vehicle caught their eye before it struck Dirby because it was driving fast for the time of day and proximity to a school, Maltby testified.

"They were concerned about that and kind of watched him as he continued on and it was dark out, but they saw him strike the victim who was 13 years old," he testified. "After striking the victim, the suspect kept driving. He did not stop."

Arroyo faces up to 15 years in prison if convicted. A preliminary hearing to determine if there is enough evidence for him to stand trial is scheduled for Dec. 10 in Eaton County District Court in front of Judge Harvey Hoffman.

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter @MattMencarini.