(Troy Wayrynen/The Columbian)
Before a Jan. 19 fatal crash that killed two Vancouver women in a crosswalk, the suspected driver's girlfriend told a neighbor that Brandon Smith is an alcoholic. She told another neighbor that Smith "frequently drives under the influence."
Both allegations are contained in a search warrant affidavit filed in Clark County District Court. In it, Smith's live-in girlfriend, Kalista Andino, is also quoted as telling neighbors she doesn't drive Smith's 2007 white Toyota Tacoma pickup because it has a manual transmission and she can't drive a stick shift. Police have impounded the damaged Toyota and other evidence including cellphones and a laptop.
Smith, 27, has not been arrested or charged with a crime, but police say he is under investigation.
Andino appeared in Clark County Superior Court this morning, where she is charged with witness tampering in conjunction with the ongoing police investigation. Judge David Gregerson was to determine if she can be released from jail on bail.
Andino's attorney, Megan Peyton, told the court that Brandon Smith has moved out of their apartment and says the court should not require him to show up at court to confirm. Smith's attorney, Jon McMullen, provided an affidavit saying Smith had moved out, and Gregerson agreed to release Andino on the $30,000 bail she posted earlier this week.
Vancouver women Raisa Mosh, 45, and Irina Gardinant, 28, died from their injuries caused when a white pickup truck struck them about 8 p.m. as they crossed Vancouver Mall Drive on a crosswalk at Northeast 72nd Avenue. Mosh’s 12-year-old son, Mark, suffered a broken left hand and an abrasion on his left leg.
Smith's mother, Linda Smith, who also is accused of witness tampering in the case, was released from jail Tuesday after posting $50,000 bail.
Andino, 21, posted bail Tuesday in her witness tampering case but was not immediately released from jail because the judge had concerns about her living situation.
Gregerson said Andino may not have contact with Brandon or Linda Smith, or his family.
Andino first proposed staying at a residence with some of Brandon Smith’s relatives, but the judge said he would not allow that. Pretrial release officer Kirk Pressey said Brandon Smith’s family had suggested an alternative: she stays at her apartment in the Larkspur Place Apartments complex, 7609 N.E. Vancouver Mall Drive, and Brandon Smith, 27, moves out.
Gregerson said Tuesday he would not release Andino until Brandon Smith came into court and agreed to the condition on the record.
On Tuesday, state Child Protective Services took custody of Andino and Smith's baby. Andino's attorney says Andino will likely be able to get her daughter back from CPS after she's released.
Andino, who may have been a passenger in the white pickup truck, is accused of confiding in a relative about the crash and then instructing the relative not to speak to police, according to a court affidavit. Senior Deputy Prosecutor Kasey Vu said Linda Smith contacted at least two witnesses and told them not to talk to police.
Linda Smith, who is not the same person as the former Vancouver congresswoman, has indicated that she will live at her home on Northwest Madrona Street.