DA wanted $10K bail for fatal hit-and-run driver; Judge released defendant on his own recognizance

ROCHESTER, N.Y. – There is pain and anger in the family of Evellin Santos. The 21-year-old charged by police for driving the SUV that hit and killed Santos was eligible to get bail and the Monroe County district attorney’s office says it asked for it. But after the 21-year-old pleaded not guilty, the court released him on his own recognizance.

Evellin Santos was hit by a red SUV that drove in front of her home. She died four days later. The SUV drove off and disappeared.

Santos’ backyard table is full of handmade letters from her students at the Genesee Community Charter School.

“And they would especially look forward to my mom’s big hugs,” Ashley Valle said reading one of the cards. “It makes me feel good because I know my mom is amazing.”

Valle is one of Santos’ daughters.

“I am her legacy. My daughter is her legacy. My sister is her legacy. Her grandchildren, they are her legacy,” Valle said. “But my mother was 61 years old. She’s supposed to still be here to see her legacy.”

Rochester Police stopped the red SUV on July 4, four days after the crash. They arrested Marchier Spencer on July 12. Court papers say police got a “voluntary statement” from the SUV owner and Spencer’s cell phone put him in the area at the time of the crash.

Police charged Spencer with a D felony for leaving the scene of an accident resulting in death. That charge qualifies for bail in New York.

Elizabeth Serrano says her youngest sister did everything for the family.

“And now it’s like a quiet zone because the one that did everything is gone,” she said.

“My only parent that I had left in this world,” Valle said. “And now she’s gone.”

We were not in court to hear the bail arguments last week. We learned about the arrest on Monday. We know the DA’s office asked for $10,000 bail. We will be in court in August when Spencer is scheduled to be there.

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