INDIANAPOLIS — The family of the 27-year-old man who died in a hit-and-run crash on Mass Ave is filing a lawsuit against the suspect and owners of the bar.
Attorneys with Craig Kelley & Faultless LLC, who are representing the mother of Brandon Breedlove, filed the lawsuit Wednesday, June 5 against 27-year-old Salvador Banales and Risky Business, Inc., which owns Dorman Street Saloon — also known as 9th Street Tavern and The Hog.
According to the lawsuit, at least one employee of Dorman Street Saloon served Banales at least one alcoholic drink "knowing that he was visibly intoxicated." The lawsuit says Risky Business, Inc. is at fault for failing to take the steps to arrange transportation for Banales.
In the lawsuit, attorneys say Breedlove's mother has suffered harms, losses and damages due to her son's death.
As for Breedlove's estate, attorneys are seeking to cover the expenses of Breedlove's health care services while at the hospital prior to his death, funeral and burial costs, and expenses for administering Breedlove's estate.
The lawsuit says Breedlove's mother and estate are citing compensatory damages in requesting a jury trial for Banales and Risky Business, Inc.
Around 2 a.m. March 9, IMPD officers responded to the intersection of Massachusetts and North College avenues on a report of a hit-and-run crash involving three pedestrians.
Police believe Banales was driving south on North College Avenue and hit three people as they stood on the southwest corner of the intersection.
All three pedestrians were taken to local hospitals, one in critical condition and two described as "stable" by police.
Two days after the crash, the Marion County Coroner's Office said Breedlove had died following the crash.
Banales is facing the following charges:
- Two counts of leaving the scene of an accident resulting in serious bodily injury
- One count of leaving the scene of an accident resulting in death
- One count of causing catastrophic injury when operating a motor vehicle while intoxicated
- One count of causing serious bodily injury when operating a vehicle while intoxicated
- Two counts of leaving the scene of an accident
- One count of false informing
According to court documents, surveillance footage from a nearby business showed a southbound 2020-2022 Ford Mustang traveling at a high rate of speed hit three pedestrians and then continue driving south of College Avenue without stopping to check on the victims.
Around nine hours after the crash, police responded to a report of a vandalism to a vehicle. Banales allegedly told police he was at an Indianapolis bar from 8 p.m. to 1:30 a.m. and when he went out to his rental car, a 2022 red Ford Mustang, he said someone had hit it or possibly vandalized it. According to court documents, Banales said he needed a report for insurance because he was turning in the rental car at the airport and flying back to Texas that day.
Officers then spoke with detectives, who confirmed thee suspect vehicle in the hit-and-run crash on Mass Ave was a 2022 red Ford Mustang.
The detective then called Indianapolis Airport Police and the rental car company to have them secure the vehicle, which had been returned. The detective said the damage to the Ford Mustang was consistent with hitting a pedestrian, as well as missing pieces that were left at the crash scene.
Court documents say officers located and detained Banales as he was trying to board a flight to Houston.
Detectives spoke with Banales, who allegedly said he was in Indianapolis for a work convention.
Court documents say Banales told detectives he left a bar at 1:30 a.m. to go back to his hotel and was unfamiliar with the area. When asked if he hit anything, Banales allegedly responded, "I did. To this point, I still don't know. I just took off. I took off out of fear and panic." Banales allegedly told police he went back to his hotel, where he called 911 to have an officer "check it out," but "passed out" and fell asleep while waiting and never spoke to police.
When detectives spoke to Banales 13 hours after the crash, they said his breath and body still smelled strongly of alcohol.
Detectives asked why he didn't stop, and Banales allegedly told them, "I should've stopped. I just left. I didn't think about it. I was just scared for what I'd done. I just made some bad decisions."
After speaking with Banales, detectives arrested him for his alleged role in the incident.
At a bond hearing in March, the judge determined Banales can travel from Indianapolis to his home in Houston if he pays his full bond, which was set at $160,000. However, the judge ruled Banales must surrender his passport to the court and sign a waiver of extradition if he leaves Indianapolis.
If he failed to honor those terms, Banales would be brought back to Indianapolis to await trial.
The prosecution argued Banales was a flight risk.
Breedlove's mother expressed her anger with the judge's decision as she left the courtroom, at times yelling expletives and the word "no."
According to jail records, Banales bonded out of jail shortly after 4 p.m. March 15.
His jury trial has initially been set for June 24.
The judge said Banales' maximum sentence is up to 40 years, if convicted on all charges.
Breedlove, who served his country in the United States Air Force, will now serve others again as an organ donor.
Workers at IU Health Methodist Hospital saluted Breedlove as he was wheeled past them in a hospital bed, his mother walked alongside, holding onto the bed's railing.