NEW ROCHELLE, NY (April 5, 2023) — A few days shy of the two-year anniversary of a fiery crash in Mamaroneck, NY on the Boston Post Road that resulted in the death of two New Rochelle women, the sole survivor, the driver was sentenced today on reduced charges of one count of Vehicular Manslaughter – 1st, a C Felony and DWI, an A Misdemeanor.
As the families of Veronica Diaz Ayala and Itzel Oliveros looked on, Bethzy Higueros, 23, of Pelham, NY was sentenced to an indeterminate sentence of 1 to 3 years in state prison on the Vehicular Manslaughter charge and 364 days in Westchester County jail to run concurrent. Higueros, at her request, began serving her sentence early, on January 5, at the Westchester County Jail. After serving her sentence on the DWI charge, she is expected to serve the remainder of her sentence in the women’s prison in Rochester or Bedford.
EDITOR’S NOTE: Judge McCarty granted our request to record audio/video on a limited basis, no recording of the victim impact statements.
At the time of their death on April 11, 2021, Diaz Ayala, who died at the scene, was 20 years old. Itzel Oliveros, transported to the hospital where she died approximately two months later, was 19 years old and had a son.
The emotional sentencing hearing before Judge James McCarty at the Westchester County Criminal Court showcased sadness, forgiveness, and tears — all while serving as a cautionary tale for young people out looking for a good time on a Saturday night involving alcohol and fast cars.
Family members of the two victims were afforded time at the sentencing hearing to deliver victim impact statements. Both chose to address the defendant directly, eliciting sobs and tears from Higueros. Both the lead prosecutor and translator struggled to keep their emotions in check as the two bereaved mothers spoke of forgiveness and their hope Higueros would make the most of the second chance at life she had been given.
Elvira Ayala: the mother of Veronica Diaz Ayala, told Higueros she wanted to know about the last moments her daughter shared with her and to tell Higueros that she never felt she was guilty for what happened, that they were having a celebration and what happened was not planned.
“I want to tell (Higueros) she has to take advantage of the opportunity given to her to live, don’t make the same mistake as in the past. I know my daughter would not like her to say she is guilty. I wish you the best, always. Thank you.”
Jessica Oliveros: the mother of Itzel Oliveros, told Higueros that although she never met her, her daughter used to speak a lot about her, and considered (Higueros) her friend.
“I have no bad feelings towards you, the only thing I know is God gave you one more chance to go on living, so you get to be something in the world, something my daughter did not have the chance to have, my grandson will not have the opportunity to live with his mom. Don’t make the same mistake… you are a good person.”
Bethzy Higueros turned and addressed the families.
I want to ask you for your forgiveness, even though I know that doesn’t help at all. You have a lot of mercy, and I feel I don’t deserve that mercy that you have towards me.
Itzel and Veronica should be here and because of me, they are not, and I want to ask you for your forgiveness. And I want to ask for the baby’s forgiveness, who’s not going to have his mom with him.
I pray to God every night. I know there’s nothing that can take your pain away, but I ask God every night for him to help you and for him to forgive me for what I’ve done.
Judge McCarty addressed the families of the deceased.
Judge McCarty: “I hope those words serve as some small degree of solace to the family members of the deceased in this case.”
Before ending the hearing, Judge McCarty addressed Bethzy Higueros.
Judge McCarty: “Miss Higueros, I hope you take the words of the families of the young girls very seriously. You have an opportunity to make good on your life going forward. Take advantage of the opportunities that are presented to you while you’re incarcerated and anything thereafter. Okay?”
Westchester County District Attorney Miriam Rocah issued a statement: “The defendant’s decision to drive while intoxicated caused the tragic death of two young victims who were friends of the defendant. We thank the families of the victims for working with our Office during a very difficult time.”
Police narrative: On April 11, 2021, at approximately 2:37 a.m., Higueros, who was 21 at the time of the incident, was driving over 80 mph on Boston Post Road in Mamaroneck when she drove onto the sidewalk and crashed into a utility pole, shearing off both passenger side doors. The car then caught on fire. Higueros had a blood alcohol content of .17 at the time of the collision. New Rochelle resident Veronica Diaz Ayala, 20, died at the scene. New Rochelle resident Itzel Oliveros, 19, was transported to Jacobi Medical Center in the Bronx, where she died on June 6, 2021. The three young people had reportedly been drinking that night at the now-closed Agave Azul at 238 Washington Avenue in New Rochelle, NY.
Higueros pleaded guilty to the Vehicular Manslaughter and DWI charges on December 14, 2022. Westchester County District Attorney’s Senior Trial Counsel Craig Ascher (since promoted to New Rochelle Branch Chief) explained to the court at the time that the negotiated plea was based on extensive mitigation: Higueros age, her lack of a criminal history, treatment, sobriety, acceptance of responsibility, extreme remorse, and consultation with the Ayala and Oliveros family.
As relatives of Veronica Diaz Ayala and Itzel Oliveros (and a Higueros family member) looked on last December, a tearful Higueros accepted the negotiated plea under which she admitted to two of the 13 charges in an indictment under which she was arraigned on December 9, 2021.
Higueros was previously indicted by a Westchester County Grand Jury for two counts of Aggravated Vehicular Homicide, two counts of Vehicular Manslaughter in the First Degree, two counts of Manslaughter in the Second Degree, and two counts of Criminally Negligent Homicide, all felonies. She was also charged with two counts of Driving While Intoxicated and Reckless Driving, both misdemeanors, and Unlicensed Driving, an infraction.
The Village of Mamaroneck Police Department and the Village of Larchmont Police Department responded to the scene on the day of the crash. The Town of Mamaroneck Police Department, with assistance from the Westchester County Department of Public Safety, investigated the incident. The Town of Mamaroneck Police Department arrested the defendant on December 9, 2021.
RELATED:
Pelham Woman Pleads Guilty to Manslaughter & DWI in Fiery Mamaroneck Crash that Killed 2 New Rochelle Passengers (12/14/2021)
Pelham Woman Indicted for Drunk Driving Crash that Killed Two New Rochelle Women (12/16/21)
Police Make Heroic Rescue from Burning Vehicle in Mamaroneck (4/11/2021)
New Rochelle man credited for helping rescue driver of deadly Mamaroneck crash 4/14/2021)
The family of the deceased, Veronica Diaz, 21, has set up a GoFundMe page.
