APPLETON, WI (WTAQ-WLUK) — The teenage driver charged in a drunken driving crash that killed a couple is not competent to stand trial, and psychiatric treatment will continue.
Giovanni Cadavid, 18, faces six counts, including two of homicide by intoxicated use a motor vehicle, for the April 9 crash at Wisconsin Avenue and Meade Street. Cadavid allegedly had a blood alcohol content of .195, according to the criminal complaint. Alan, 67, and Margaret, 72, Hopfensperger were killed.
Competency refers to the defendant’s ability to understand the court proceedings and assist in his own defense.
In court Monday, Judge Carrie Schneider said the doctor’s report indicated Cadavid is not competent. Additional records will be provided to him, and treatment will continue.
Cadavid’s status will be discussed next on Nov. 30.
The crash occurred just before 7 a.m. Police said Cadavid, who was under the influence of alcohol, ran a red light going west on Wisconsin Avenue and crashed into a vehicle headed south on Meade Street. Margaret, 72, died April 24, and Alan, 67, died May 2. After the crash, Alan was able to tell police he and his wife were on their way to Kimberly to babysit their grandchildren.
A passenger in Cadavid’s car estimated the vehicle’s speed at the time of the crash was 50 mph. The speed limit in that area of Wisconsin Avenue is 25 mph.
Cadavid — who was 17 at the time of the crash — is also charged with injury by intoxicated use of a vehicle and injury by use of a vehicle with a prohibited alcohol content with a passenger under 16 years old. His passenger was hospitalized with injuries, including a laceration to his forehead.
According to the criminal complaint, Cadavid initially told police he had been at a park drinking what he thought was tequila with “some random people.”
“Cadavid was cooperative but continuously made outlandish, derogatory and out of place comments and statements,” prosecutors said in the complaint.
Cadavid later said he drank some alcohol outside of his house and was heading to a convenience store when he crashed. Cadavid’s BAC would have been more than twice the legal limit for driving, but since he is under 21, he is not allowed to have any alcohol at all.
The passenger, who is identified only by his initials, said the two were headed to get wraps so they could smoke marijuana.
