GRESHAM, OR (KPTV) - A driver charged with hitting and killing an 11-year-old boy near a Gresham school was on central nervous system depressants and narcotic pain relievers to the point he could not safely operate a motor vehicle, according to court documents.

Garrett Bergquist, 26, is facing charges of first-degree manslaughter, second-degree manslaughter, DUII and reckless driving, according to the Multnomah County District Attorney’s Office.

He was arraigned in court Tuesday.

The investigation began when emergency crews responded to Southeast Hogan Road and 5th Avenue at around 8:30 a.m. Monday.

Police said Luis Medina was heading to class at Dexter McCarty Middle School when he was hit. Court documents state Medina had the right of way as he was crossing the street in a marked crosswalk.

Witnesses told police that Bergquist ran a red light at a high rate of speed heading south on Hogan Street.

Luis was thrown around 80 feet from the impact of the crash, according to court documents.

Investigators reviewed dash-cam video from someone in the area that showed the collision.

Court documents state Bergquist continued to drive a “significant distance” after the collision, before stopping his car, getting out and taking photos, according to the district attorney’s office.

Oregon State Police sent a drug recognition evaluator to the scene. A probable cause affidavit states Bergquist failed field sobriety tests.

Bergquist told officers he was late for work, but he wasn’t speeding, he had a green light and he did not see the child step in front of his car, according to a probable cause affidavit.

The affidavit states Bergquist told officers he taxes Xanax and “Oxy” without prescriptions, and that he had last taken the drugs the previous night, but he felt no effects that morning.

Bergquist later told authorities he takes pain medication for an old leg injury, but not under a doctor’s care, according to court documents.

Court records show a 2015 DUII charge was dismissed against Bergquist when he finished diversion.

Bergquist pleaded not guilty to the new charges in court Tuesday. His bail was set at $500,000.

A memorial continues to grow at the crash site near the school. The boy’s father, Bartolo, went to the memorial Monday night.

“It’s painful for him, but it’s nice to know that people are supportive,” said Paloma Rendon, Luis’ cousin.

Rendon told FOX 12 that Luis was a quiet and shy little boy, with a sweet heart, who loved playing with his sister and being in the water.

“One thing that I remember about him was he didn’t want to get out of the pool all summer, and we’d have to be like, ‘hey let’s get out of the pool, let’s eat, let’s do something else,’ and he just wanted to stay in the water. It’s a nice memory but it’s very hard,” she said.

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(8) comments

ZachFry25

Really... were any of you there.. have any of you seen the dash cam video.

InHisGrace

Thank you for sharing that memory...“One thing that I remember about him was he didn’t want to get out of the pool all summer, and we’d have to be like, ‘hey let’s get out of the pool, let’s eat, let’s do something else,’ and he just wanted to stay in the water. It’s a nice memory but it’s very hard,” Very nice memory indeed...sorry for your loss.

angelseverywhere

As someone close to the situation who stood on the side of the road that night and watched as people were going over the speed limit, even if he did look for cars coming when he had the right away if someone was speeding up that hill he may not have had enough time to react. There aren't sidewalks. There is construction going on there. I believe that if you have thoughts about "situational awareness" and it being taught in school keep it to yourself and don't post it on here. Losing a child isn't natural and is the most painful and horrific thing anyone could every possibly go through and to add salt to a wound. It's not right. They need support not someone insinuating that he didn't do what he was supposed to. He was a child. A life. A beautiful life taken too soon.

Danceswithdanger

Enjoy your sobriety in jail.

But our politicians want to make all drugs legal...

Terrell Higgs

'without prescription'. Just another low-life druggie who should be put away for 25 years

mairez

Prayers and tears for that little boy and his family.

It's too bad that the schools do not teach enough about situational awareness. Perhaps that fatality could have been prevented.

That guy ran the light. Nobody saw him coming.

Unprescribed oxi? How did that happen?

LiterateLady

Seriously!!?? Sounds to me like you’re blaming the child. “Situational Awareness”!!!?? The guy was on meds without an RX or doctors care!! Probably buying them on the street (“How did that happen...” you ask!!), repeat offender, legally DUI and this is apparently not his first rodeo and you talk about “Situational Awareness” being taught in the schools to prevent an accident?! Amazing. That little guy was doing everything he was supposed to do. He was 11 years old for Gods sake and it’s his fault?? Sounds like that’s what you were saying. You need to re-evaluate your priorities.

Frederick Fukov

Well, sure, the person at fault here is the driver, who obviously has life issues. Though we would hope that our children would not just see a green light and go without looking to make sure cross traffic is observing and obeying the red light, that's also a lot to ask of our young. I know I was more vigilant at that age, but I also know there are far more distractions for kids these days (I.E..hand held electronic devices.) But now is not the time to be calling out the young one or his parents. This is the epitome of a parents worst nightmare, and our most heartfelt feelings should be about them.

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