Left inset: Gustavo Elias (Maricopa County Sheriff’s Office). Right inset: Dezjon Hamilton (GoFundMe). Background: The motorcycle that Dezjon Hamilton was riding in Arizona when Gustavo Elias struck and killed him with his SUV (AZ Family/KNN/YouTube).
An expectant Arizona father was mowed down and killed by a man who says the dad-to-be “taunted him” at Walmart and on the road by “revving” his motorcycle engine, according to police.
Gustavo Elias, 29, is facing charges of second-degree murder and reckless child abuse after he plowed into 21-year-old Dezjon Hamilton with his Chevrolet Tahoe while two children were in the SUV with him, according to a probable cause affidavit obtained by Law&Crime. The crash unfolded in Chandler.
“Both children reported that there was a confrontation between the driver of the Tahoe and the driver of the motorcycle,” the affidavit says, identifying Elias as the driver and one of the kids as his stepson. The other juvenile was his stepson’s friend.
“The confrontation began at Arizona and Ray Rd. when the motorcycle excessively revved its engine while directly in front of the Tahoe,” the affidavit alleges. “Gustavo stated that this was not the first time the motorcycle driver had taunted him, mentioning a similar incident at a Walmart parking lot.”
Police say Elias and Hamilton live in the same apartment complex. Elias, who spoke to investigators through a Spanish translator, said that he and Hamilton have gotten into confrontations with each other “on multiple occasions,” per the affidavit.
“[Hamilton] will rev his engine loudly and speed through the parking lot,” Elias alleged, according to police. He reportedly admitted to consuming 12 Corona beers and ingesting cocaine prior to the incident that took Hamilton’s life.
“After [Elias and the children] entered his white Chevrolet Tahoe, they drove up to the security gate and waited,” the affidavit explains. “While they waited, [Hamilton] drove around them and turned left onto the westbound Ray Rd. Gustavo then also turned left. Both vehicles stopped at the red light at Ray Rd. and Arizona Ave.”
Elias and the children reportedly told police that while at the red light, Hamilton “reversed his bike and began revving its engine,” according to police.
“As both vehicles traveled westbound, the Tahoe overtook the motorcycle,” the affidavit says. “At Hartford St. and Ray Rd., the motorcycle pulled up to the front passenger side and struck the vehicle … possibly breaking the rearview mirror.”
Elias and Hamilton were allegedly spotted by witnesses speeding westbound on Ray Road with the motorcycle in front of the Tahoe. Elias continued to increase his speed and pulled up to the left side of Hamilton, per the affidavit.
“Both passengers [the children] said the driver of the Tahoe turned the Tahoe to the right on purpose and struck the motorcycle,” the affidavit says, alleging that Elias “sped up to catch the motorcycle, aware that children were in the vehicle” but not caring.
“Once he caught up, Gustavo changed to the lane left of the motorcycle and intentionally rammed his vehicle into it, knowing the combination of speed and the Tahoe’s weight could cause significant injury to the motorcycle driver,” the affidavit concludes.
After the crash, witnesses allegedly told police that they saw Elias speaking with a man at the scene who was shouting at him. “You did this,” the man told Elias, according to the witnesses and police. “This is your fault.”
Elias allegedly replied, “I know this is my fault.”
Hamilton suffered a “catastrophic cervical injury” after being mowed down and was placed on a ventilator. He was taken off life support over the weekend after doctors told his family that he was “brain dead” and “not waking up,” AZ Family reports.
“It’s over,” Hamilton’s sister told the local media outlet, which reported Saturday that Hamilton had died.
A GoFundMe created for the family says Hamilton’s girlfriend is pregnant.
“We are now faced with the unimaginable task of saying goodbye far too soon,” the GoFundMe says. “As we mourn the loss of a son and a brother, we are also looking toward a future that Dezjon was so excited for. … His girlfriend is currently expecting, and we are committed to making sure his baby is supported and grows up knowing how much their father was loved.”
A breath test conducted on Elias, who is a citizen of Mexico, allegedly revealed that his BAC was 0.158 after the crash — nearly twice the legal limit of 0.08. He has been ordered held on a $500,000 cash-only appearance bond.
