Driver accused in fatal New Bedford crash ordered held without bail

Justin M. Castro, 27, will now be held at the Bristol County House of Correction for four months without bail.

NEW BEDFORD — A New Bedford man, charged with manslaughter by drunken driving in the death of a Dartmouth man last month, was found dangerous Friday and ordered held without bail.

Justin M. Castro, 27, will now be held at the Bristol County House of Correction for four months without bail, after Judge Edward H. Sharkansky found him dangerous following a detention hearing in New Bedford District Court.

The judge also gave Castro a bail revocation warning, saying he can be held for up to 90 days without bail if he commits a new offense while this case is pending. The case is continued until Jan. 3.

Castro is charged with manslaughter while operating under the influence of alcohol and motor vehicle homicide while operating under the influence of alcohol. He is charged in the Nov. 13 crash that took the life of David M. Dos Santos, a 39-year-old father of two young girls.

According to court documents, Castro was nearly three times over the state’s legal alcohol limit and traveling 61 mph in a posted 35 mph zone when the 2011 Chevrolet Cruze he was driving struck a 1999 Toyota Corolla and killed Dos Santos, the operator.

The crash happened about 1:25 a.m. at Kempton Street and Brownell Avenue, New Bedford. Castro was traveling east on Kempton Street and went through the red light and struck Dos Santos’ car, which was proceeding south across the intersection on Route 140 southbound, according to court documents.

Castro was injured in the crash and transported to Rhode Island Hospital, where blood was drawn and later tested with a state police search warrant, court records say. His blood alcohol level was .223, twice and nearly three times the state’s legal limit of .08.

The judge listened to both sides during the dangerousness hearing, then adjourned for about 15 minutes and returned to the bench and ordered Castro held without bail because of his concerns about public safety.

Several of Dos Santos family and friends were in the courtroom and met with state police and representatives of the DA's office in private after the hearing. They later declined to speak with the media.

Prosecutor Kyle B. McPherson said Castro showed "reckless and indifferent behavior" in drinking alcohol at several bars before the crash that resulted in the death of Dos Santos. The prosecutor said Castro made bad choices, saying he could have stopped drinking and called a taxi service for a ride.

Castro's actions make him a threat to the community, McPherson said. The prosecutor submitted State Police Trooper Christopher J. Dumont's affidavit in the fatal crash as well as Castro's Board of Probation record, which includes assaults, but no convictions, he said.

Defense attorney John B. Seed said the purpose of bail is to ensure a person's next court appearance and Castro has always appeared for a scheduled court date. When Castro was arrested Wednesday, he was on his way with Seed to the courthouse in response to an arrest warrant in this case.

Castro is originally from Randolph and has lived the last four years in New Bedford with his girlfriend, the attorney said. He has a 9-year-old daughter. Castro has limited financial means, suffers from alcohol abuse and was once in an alcohol treatment program. The lawyer asked the judge to place him on home confinement, be required to wear a GPS device and not set any cash bail.

Dos Santos worked part-time at Slainte Irish Pub, New Bedford, and full-time at Gilbert’s Jewelers on Pleasant Street, Fall River.

On. Oct. 29, less than a month before the fatal crash, Dos Santos was one of the Good Samaritans who provided medical assistance to a shooting victim who showed up at the door of the jewelry store, bleeding profusely from a gunshot wound to the leg.

The victim, a 23-year-old man, was given a towel to apply pressure to the wound until paramedics arrived.