DA: Driver In Fatal Cape Cod Crash Should Have Been In Jail

BOSTON (CBS) - A heartbreaking twist in the crash that killed a new father on his way home from the hospital. The District Attorney for the Cape and Islands is now admitting the driver who crashed into 32-year-old Kevin Quinn should have been in jail.

WBZ-TV has also learned 22-year-old Mickey Rivera was being chased by police moments before he lost control of his car.

Rivera and Quinn, a Marine veteran, were killed in the crash last Saturday in Cotuit. Jocelyn Goyette, a passenger in Rivera's car, died Sunday night from her injuries, according to the Boston Globe. Quinn was on his way home from Cape Cod Hospital, after visiting his wife and newborn daughter.

"He was a very loving son, awesome husband, and he was so proud to be a dad," said Janet Quinn, Kevin's mother, at a roadside vigil in Cotuit earlier this week.

WBZ has also learned that Rivera was charged in connection to a deadly armed robbery in Fall River in 2015. His bail was set at $35,000 but months later a judge reduced it to $1,000.

Then last month, State Police arrested Rivera on drunk driving charges in Barnstable. Court documents from the June 4th proceeding reveal Rivera's blood alcohol content was twice the legal limit, but he was released on personal recognizance.

Prosecutors say they didn't have enough information on his open case in Bristol County.  Cape and Islands D.A. Michael O'Keefe told WBZ a new and inexperienced prosecutor took over Rivera's drunk driving case.

WBZ Legal Analyst Jennifer Roman says this is a collapse in communication.

"At a minimum there should've been a request that he be held over for Bristol County court so they could address a potential bail revocation/violation of probation. It didn't happen here," said Roman.

O'Keefe said the prosecutor was talked to by an immediate superior and admitted that a terrible lesson was learned by all from this case.