FREDERIKSTED — A Colorado woman accused of driving drunk when she initiated a fatal head-on crash on St. Croix had previously been convicted of driving drunk on the U.S. mainland, court testimony indicated.
Kaley Lund, 27, of Fort Collins, was arrested early Sunday morning and charged with involuntary manslaughter, vehicular homicide, driving under the influence of alcohol and driving without a driver’s license in connection with the death of 25-year-old Marvin Barton.
Lund was held in jail overnight on $25,000 bond and appeared in the Superior Court of the Virgin Islands on Monday, where Magistrate Judge Miguel Camacho said she faces a possible five-year prison sentence.
Virgin Islands Public Defender Leslie Davis asked that Lund be permitted to post 10 percent of her current bond amount.
V.I. Assistant Attorney General Jasmine Griffin countered, saying that Camacho should double Lund’s bond amount to $50,000.
Griffin said that Lund was involved in a hit-and-run crash in Colorado and was found guilty of drunk driving in that earlier case. Lund apparently does not have a valid driver’s license in any jurisdiction. She has only been in the territory for about a year and has few ties to the territory, Griffin said.
“She should not, and must not continue to be allowed to drive here,” Griffin told those gathered in the courtroom.
Police responded to the scene of the fatal crash on the Queen Mary Highway near Kmart West in the Sunshine Mall at 1:11 a.m. Sunday, court records indicate.
Officers said they found Barton dead behind the wheel of a silver 2020 Hyundai Elantra, and his passenger was injured and transported to Juan F. Luis Hospital.
The passenger told police in an interview that Barton was driving eastbound when she suddenly saw two lights “coming directly at them and the next thing she remembers was people telling her to hold on,” according to court documents.
Police found gouge marks in the road and determined the crash occurred in Barton’s lane.
Police said Lund failed three field sobriety tests at the scene, and refused to submit to a chemical test.
Officers also found a “partially-drunk Corona beer” in Lund’s Jeep, and “an empty Corona beer bottle on the passenger side floor” of the Elantra, according to the fact sheet.
Lund told police she dropped her boyfriend off at Juan F. Luis Hospital and was headed home when she “fell asleep” at the wheel of the car.
Camacho raised the bail to $50,000, but allowed her to post 10 percent of that, $5,000 cash.
Judge Camacho allowed Lund’s fiancé to serve as her third-party custodian.
Lund was instructed by the court to refrain from driving while the case is still pending.
“Constitutional or not this bail situation is ridiculous she had a prior DUI conviction; no real ties to the territory,” Jelani Ritter said on Facebook. “She killed a man while driving drunk and you allowed her to post $5,000 dollars bail and released her to her man.. Come on Judicial Branch please do better in respecting the victims’ families. This is rather insulting!” #justice4Marvin