Former UNCW student sues NC Highway Patrol after being wrongfully charged in fatal I-40 crash
DUPLIN COUNTY, NC (WWAY) –A former UNCW student wrongfully charged with DWI in a fatal crash on I-40 is suing the North Carolina State Highway Patrol.
Raylee Grieco was driving east on I-40 around 8:15 pm on Feb. 18, 2024, when she collided with a car that was stopped in the middle of the road. The car was behind a pickup truck and a trailer. The crash killed Mildo Velasquez, who was reportedly underneath the trailer attempting to reconnect it to his pickup truck.
Grieco suffered multiple injuries, including a concussion, nasal bone fractures, and bruising. A trooper performed a portable breath test, which revealed no alcohol present.
Grieco was transported to ECU Health Duplin County Hospital. According to the lawsuit, Nurse Practitioner Sorto, who treated Grieco, determined she was not impaired and that a blood test for intoxicating substances was not necessary.
“Everything about Raylee’s actions seemed very expected and normal. Ms. Sorto did not see any potential signs of impairment. After closely scrutinizing Raylee’s behavior and appearance, Ms. Sorto concluded that Raylee was not under the influence of any drugs or other intoxicating or impairing substances,” the lawsuit states.
The lawsuit alleges that State Trooper Duff, who was investigating the crash, arrived at the hospital with the intent to only charge Griego with failure to reduce speed. However, he requested a Drug Recognition Expert (DRE) evaluation based on a comment from a hospital staff member that Grieco was “acting strangely.” This observation came after she had been given Norco, a narcotic pain medication known to cause drowsiness and cognitive impairment.
“This nurse or nurse assistant was not Raylee’s attending physician and was not Raylee’s attending nurse practitioner. Upon information and belief, this nurse or nurse assistant’s observations were made after Raylee had been administered the NORCO narcotic pain medication,” the lawsuit states.
The lawsuit claims that DRE Trooper Rich conducted field sobriety tests without considering the effects of the medication or Grieco’s concussion. It further alleges that Trooper Rich falsely stated that a CT scan ruled out a concussion and that his impairment evaluation was flawed.
Based on field sobriety testing, Rich stated to Trooper Duff that Grieco was under the influence of THC at the time of the accident.
In addition to those field tests, Rich took a blood sample to test for impairing substances, with results often taking months to get back.
Grieco was charged with DWI and Underage DWI.
In July of 2024, the blood test results showed no impairing substances, which led to the DWI and Underage DWI charged being dismissed.
Grieco’s lawsuit accuses the NC Highway Patrol of wrongful charges and misconduct in the investigation. She is asking for monetary relief, punitive damages, and a public apology.
