A police investigation into the hit-and-run death of a 4-year-old in Danbury shows the driver wasn't speeding when it happened.
Eric Zhunio was killed during a family trip to an ice cream truck outside their Danbury home in July.
Diamond told the newspaper that that's significantly slower than the posted 25 mph limit on the heavily traveled Stevens Street and his client couldn't avoid Eric because the boy stepped out from behind an ice cream truck and directly into Oliva's path.
Police say he left the scene without stopping on July 29th and was taken into custody that night.
Oliva has pleaded not guilty to charges of evading responsibility, reckless driving and misuse of a motor vehicle.
Police said several empty beer bottles were found in the truck that hit Zhunio, but Oliva was not charged with DUI because they couldn't prove he was drunk with the crash occurred.
Oliva has been in jail for two months. His attorney will now ask a judge to reduce Oliva's $300,000 bond.