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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 Arizona man, soon to become a father, tragically lost his life after being struck by another driver who claimed the victim had provoked him by “revving” his motorcycle engine both at a Walmart location and while on the road, according to police reports.
Gustavo Elias, 29, is now facing charges of second-degree murder and reckless child abuse after he allegedly drove his Chevrolet Tahoe into 21-year-old Dezjon Hamilton. At the time of the incident, two children were passengers in Elias’s SUV, as outlined in a probable cause affidavit obtained by Law&Crime. The incident occurred in Chandler.
According to the affidavit, the children, identified as Elias’s stepson and his stepson’s friend, recounted a confrontation between the Tahoe driver, Elias, and the motorcyclist, Hamilton. The report identifies Elias as the driver involved.
The affidavit suggests the altercation began at the intersection of Arizona and Ray Roads, after the motorcycle allegedly revved its engine aggressively in front of the Tahoe. Elias reportedly claimed this wasn’t the first instance of such behavior, referencing a previous similar incident in a Walmart parking lot.
Authorities noted that Elias and Hamilton resided in the same apartment complex. Elias, who communicated with investigators through a Spanish translator, mentioned that he and Hamilton had experienced multiple confrontations prior to this tragic event, according to 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.