Carlos Diaz-Santiago

Case summary

Carlos Angel Diaz Santiago, also referred to as Carlos Angel Diaz, was convicted for pushing his former girlfriend’s car into the path of a freight train, killing four people.

Timeline

• April 20, 2000 — Candace Wertz made a frantic cellular 911 call while a vehicle chase occurred; her car was pushed onto the tracks and an eastbound Norfolk Southern train struck the car, killing Candace Wertz and three others.
• April 21, 2000 — Carlos A. Diaz-Santiago, 22, was apprehended by city police in Reading after police received tips about his whereabouts.
• April 22, 2000 — Diaz-Santiago was arrested Friday and charged with four counts of murder and aggravated assault.
• January 8, 2001 — The trial began.
• January 9, 2001 — Diaz went on trial on four counts of homicide and other charges; the jury heard evidence including a tape of the 911 call.
• January 12, 2001 — A passenger testified that Diaz pushed the accelerator and pushed Wertz’s Ford Tempo into a moving freight train.
• January 17, 2001 — A nurse, Sherree Kelley, testified that she never saw Diaz bump Wertz’s car into the path of the train.
• January 24, 2001 — Diaz was convicted of four counts of third-degree murder; he was to be sentenced on Jan. 31.
• February 1, 2001 — The sentence was given as 80 to 160 years in prison.
• February 2, 2001 — Diaz received the maximum penalty described as a virtual life sentence; President Judge Albert A. Stallone issued 80 to 160 years in prison.
• January 31, 2001 — Sentencing was scheduled for this date.

Background

Carlos Angel Diaz Santiago was described as angered because his former girlfriend ended their relationship.

Candace Wertz obtained a one-year protection-from-abuse order against Diaz that expired 20 days before her death. Wertz and Diaz had a prior relationship, and the relationship ended shortly before the crash.

Family members said Wertz had an abusive relationship with Diaz. Family members also said Diaz was enraged that Wertz was leaving him to move to Shippensburg to live with her sister.

The offence

On April 20, 2000, Diaz was accused of ramming and then pushing Candace Wertz’s car into the path of a freight train, after a chase.

The prosecution said Diaz rammed Wertz’s car after chasing her at speeds of up to 60 mph because he was upset that Wertz had broken up with him. The prosecution described the conduct as methodically pushing her car into the path of an oncoming freight train.

During the 911 call, Wertz told a dispatcher that she had children in the car and that Diaz was trying to run them off the road. Wertz told the dispatcher she had a protective order against the man pursuing her, but that it had expired.

Victims

The crash killed:

• Candace Wertz, 20
• John Michael Cortez, 2
• Cynthia Jacques, 22
• Allissa Jacques, 2

Investigation

Police stated that tips led them to Diaz-Santiago’s whereabouts. Diaz-Santiago was found by city police in a house in Reading.

Investigators said Diaz turned around and drove away from the wreckage, and that the car he drove was located about an hour later in northwest Reading by city police.

Police said the train engineer tried to stop the train, and that the engine came to a halt about a quarter-mile away on a bridge over Route 724.

Authorities included descriptions of witness accounts and the path of the car and train, including that witnesses saw bodies on or near the railroad tracks.

Arrest

Carlos A. Diaz-Santiago, 22, of West Reading, Pa., was apprehended in Reading after city police found him in a house following tips.

Diaz-Santiago turned himself in was not stated; instead, police found him based on tips and took him into custody without incident, according to police statements in the record.

Trial

Jury selection and location

The trial took place with a jury of six men and six women selected from Northampton County because President Judge Albert A. Stallone ruled that heavy news coverage in Berks County would make it hard to find an impartial jury there.

The jury deliberated for three days before reaching its verdict.

Charges before trial

Diaz was charged with four counts of homicide and other charges in the April 20 deaths of Candace Wertz, another woman, and two toddlers.

The charges included homicide, aggravated assault, and risking a catastrophe.

The prosecution sought the death penalty, including first-degree murder charges.

Defence position

Diaz pleaded innocent.

His lawyer, Allan L. Sodomsky, maintained that the crash was accidental. Sodomsky deferred the opening statement until after the prosecution presented its case.

Sodomsky attacked the credibility of Michael Ortega, describing discrepancies between Ortega’s testimony and his initial statement to police.

Evidence and testimony

Before the jury was brought in, Judge Albert A. Stallone ruled that a tape of Wertz’s frantic 911 call from her cell phone was admissible; the tape was played for the jury.

Michael Ortega testified as Diaz’s sole passenger that day and told the courtroom about Diaz’s words and actions.

Michael Ortega testified:

"Where you going to go, you bitch? The train's coming. You can't do nothing now,"

Ortega also testified about Diaz’s appearance:

"He was really angry, his face was red, his veins were bulging."

Prosecutors said Ortega would testify that Diaz said of Wertz:

"Where you going to go you bitch? The train's coming."

David Bingaman, a prosecution witness, testified that he saw Diaz chasing Wertz and described the driver as:

"The driver was screaming. He was yelling. His hands were waving,"

Bingaman testified he later saw Diaz flee the scene.

In addition to testimony, the prosecution played phone messages Diaz left before the crash on Wertz’s voice mail and on the answering machine of Cynthia Jacques. Diaz told them:

"go to hell,"

and added:

"We're going to see how tough you all are."

Disputed accounts

A nurse, Sherree Kelley, testified that she never saw Diaz bump his ex-girlfriend’s car into the path of an oncoming freight train.

Kelley described seeing the two women in the front of the car and that:

"I saw the two women (sitting) in the front of the car, then they flew out of the car,"

Kelley testified she saw Wertz’s car drifting onto the tracks while Wertz was looking over her left shoulder at Diaz’s Honda Accord, and that Wertz never looked forward before the train hit her.

An accident reconstructionist testified that Diaz’s Honda could not have been within three feet of Wertz’s vehicle at the time of the crash, and that Diaz’s car could not have had prolonged contact with Wertz’s because there was no “scrubbing effect” on either car’s bumper. The reconstructionist conceded under cross-examination that the cars may have bumped briefly at some point.

Eric Rodriguez testified that the front bumper had been cracked before the crash, saying the crack happened while he was the car’s owner. The prosecution maintained the bumper was damaged in the collision with Wertz’s rear bumper.

Verdict

Diaz was convicted of four counts of third-degree murder for killing Candace Wertz, her 2-year-old son John Michael Cortez, Cynthia Jacques, 22, and her daughter Allissa, 2.

The jury rejected defence arguments that the deaths resulted from an accident when Diaz inadvertently rear-ended the car driven by Candace Wertz.

Sentencing

Diaz was sentenced in Berks County Court by President Judge Albert A. Stallone to 80 to 160 years in prison, with the record describing this as a maximum penalty or virtual life sentence.

Stallone said:

"You already got the greatest mercy; your life has been spared. But you will not get any mercy or leniency from me,"

Diaz made a remorse statement during the trial:

"I never wanted anyone to die because of my actions,"
"I couldn't apologize enough and I know my apologies won't take back April 20, 2000."
"I'm truly, truly sorry for everything that has happened."

Diaz legally would not be eligible for parole for 80 years.

Appeals

No appeal outcome was included in the provided record.

Outcome

Diaz was sentenced to 160 years in prison on February 1, 2001.

Aftermath

After sentencing, defence attorney Allan L. Sodomsky said:

"Obviously, this is not what we wanted. "But we were prepared for this. We knew this was a possibility, so we are trying to understand."

Some family members said they were pleased with the sentence, including Bernice, Cynthia Jacques’ mother:

"The judge did a great justice,"
"Just like I've always said, the day he took their lives was the day he took his own."

Liz Ruiz, Diaz’s sister, said:

"I know whatever happened wasn't meant to happen,"
"If we don't have a chance to be with our brother again, I don't know what will happen to our family."

During sentencing, John Cortez, father of 2-year-old John Michael “J.J.” Cortez, yelled:

"Life is too good for him,"
". . . I can't sleep. Nothing matters. The only thing I had that was good, he took."

Diaz’s mother, Haydee Santiago, collapsed and paramedics took her to a hospital, where she was treated.