Staff reports

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WARWICK — A West Warwick teenager entered pleas of not guilty during his arraignment in Kent County Superior Court yesterday on several charges related to a traffic accident that claimed the life of a West Warwick woman, according to the Rhode Island Attorney General’s Office.

Graeme Kapko, 17, of Carrie Ann Drive, West Warwick, was arraigned on charges of driving to endanger - death resulting, driving to endanger – personal injury resulting, and possession of alcohol by a minor, the attorney general’s office said.

Kapko was charged as an adult in a March car crash that claimed the life of Luisa Avila, a 46-year-old mother of two from West Warwick, according to the attorney general’s office.

The Statewide Grand Jury indicted Kapko on the charges earlier this month.

The charges against Kapko stem from an investigation conducted by the Warwick Police Department Traffic Division following a crash which occurred at about 11 p.m. on March 20, just south of Quaker Way [now Ginsu Drive], near the Kent County Courthouse, according to previous reports.

Avila was killed when her car was struck by a 2008 Volkswagen Jetta, allegedly being driven by Kapko and carrying a 16-year-old male passenger, reports said. Preliminary investigations revealed the Jetta was traveling south on Route 2, approaching the intersection with Quaker Way, according to the Warwick Police. The intersection is controlled by a red light traffic signal. The second vehicle, a Toyota Camry driven by Avila, was attempting to make a left turn from Route 2 north onto Quaker Way when it was struck broadside by the Jetta while crossing the southbound lanes of Route 2, police said.

Further investigation revealed Kapko and his 16-year-old passenger, a fellow student at West Warwick High School, had attended a party at the home of another student earlier that night, according to the attorney general’s office. After the party and stopping to eat at Wendy’s restaurant, the youths headed south on Route 2. With Kapko allegedly traveling at an extremely high speed, the attorney general’s office said, his car struck Avila’s car at the intersection of Quaker Way. The momentum pushed Avila’s car down Route 2 more than 100 feet from the point of impact. Avila, on her way home after working the second shift at Amtrol, was killed instantly.

“The Warwick Police accident reconstructionist said that he [Kapko] was allegedly going 85 miles an hour on Route 2 when he slammed into Mrs. Avila’s car,” Michael Healey, spokesperson for the attorney general’s office, said. “The term that reconstructionist used is that his car ‘T-boned’ her car, which means that the bottom leg of T went right in middle of her car on the side.

There was not sufficient evidence that Kapko was driving drunk at the time of the accident, Healey said previously, but there was alcohol use alleged.

The police found several unopened cans of Keystone beer as well as an empty beer can and a bottle of Southern Comfort in Kapko’s car, Healey said yesterday.

The charge of driving to endanger – personal injury resulting stems from injuries sustained by the 16-year-old passenger in Kapko’s vehicle at the time of the accident, the attorney general’s office said.

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Kapko was released on $50,000 personal recognizance bail following his arraignment yesterday, Healey said.

This is the same bail that was set at the District Court level, Healey said, so Kapko was basically continued on the same bail.

Personal recognizance (PR) bail does not require putting down any sum of money, Healey said.

“PR basically means you are out on your good name and you promise to show up for court when you are supposed to be there,” he said. “If you don’t show up, we have the right to ask for a higher bail, which would probably be $50,000 surety bail.”

Surety bail requires putting down 10 percent of the amount as “surety,” Healey said.

A pretrial conference for Kapko is scheduled for Jan. 13, 2009, according to the attorney general’s office.