State Patrol: Driver of SUV packed with unrestrained children to be cited

Two children who were seriously injured when the SUV they were riding in overturned Tuesday on Interstate 5 in DuPont "are going to be OK," the State Patrol said today.

The children were among 10 people who were in a 2004 Ford Expedition that rolled over a concrete barrier after the SUV was struck by a Honda Civic, according to the State Patrol.

The two-vehicle collision was caused by a 20-year-old Federal Way man who struck the SUV with the Civic, the State Patrol said. The driver of that car, Orlando Castillo Mercado, has been arrested for investigation of driving under the influence and attempted vehicular homicide.

According to State Patrol trooper Brandy Kessler, the accident was exacerbated because some, if not all, of the people in the Expedition were not restrained by seat belts or child safety seats.

The State Patrol today also updated some of the information released on Tuesday.

She said investigators now say there were 10 people in the Ford Expedition: a pregnant 31-year-old who was driving; a 41-year-old female passenger, who is not pregnant as originally reported; and eight children between the ages of 2 and 15.

Police said that because there were so many passengers in the SUV, there was some confusion about the number of people involved and their ages. Kessler said medics originally thought the 13-year-old boy was an adult. A 2-year-old boy and a 9-year-old girl were taken to Mary Bridge Children's Hospital in Tacoma with serious injuries, according to Kessler.

The two adults and the other children, a 6-year-old boy, a 10-year-old boy, two 10-year-old girls, a 13-year-old boy and a 15-year-old girl, were not seriously injured, Kessler said. All are the children of the two adults in the SUV, Kessler said.

Kessler said the two most seriously injured — the 2-year-old and the 9-year-old — "are going to be OK."

They remain in the hospital. The eight others were transported to the hospital but not admitted, Kessler said.

"They are very, very lucky that nobody was seriously hurt or killed. However, ... had they all been wearing seat belts, they would probably have all walked away without injury. It's a great message for everybody and a great example of why you should always wear your seat belt," Kessler said.

Initially, the State Patrol said none of the occupants had bee restrained. Since then, Kessler said, the 31-year-old driver of the car, Vaiamoe Mafaaki, of Tacoma, and the 13-year-old boy have told police they were wearing seat belts. Kessler said the State Patrol will be investigating their claims.

Kessler said Mafaaki will, at the least, face infractions for failing to enforce the use seat belts and child safety restraints.

According to police, the accident began in the southbound lanes of I-5 at about 1 p.m., when Mercado lost control of the Civic and struck the Expedition. The Expedition then struck a jersey barrier and rolled across the freeway, Kessler said.

As it rolled, the one of the women and two of the children were ejected from the vehicle, Kessler said.

Christine Clarridge: 206-464-8983 or cclarridge@seattletimes.com