Grieving family wants more charges in chain-reaction crash that killed daughter

The Wenzel family is hiring a criminal lawyer to seek justice for their daughter's death after they say authorities aren't doing enough.
Published: Aug. 21, 2023 at 7:22 PM EDT

HENRICO, Va. (WWBT) - A grieving family has hired a criminal lawyer to seek justice in their daughter’s death after they say the Commonwealth isn’t doing enough.

Luis Javier Quinones is charged with misdemeanor DUI in a chain-reaction crash that killed 26-year-old Claire Wenzel in October 2022.

The Wenzel family says that’s a slap on the wrist, and instead, he should be charged with involuntary manslaughter, or a grand jury should decide his fate.

Quinones was supposed to face a judge Monday, but the case continued due to medical evidence issues.

The Wenzel family says they’ve been living a nightmare, mourning the loss of a beloved daughter and sister and fighting an uphill battle with prosecutors.

“She died alone,” Claire’s mother, Donna Wenzel, said through tears. “It’s one thing to be a victim of a criminal, but it’s another thing to be a victim of the justice system.”

Virginia State Police say the crash started because Quinones hit a guardrail before spinning back onto I-95, leading to several other cars colliding.

Henrico Commonwealth Attorney’s Office says his blood alcohol level was .12 at the time of the crash, which is well above the legal limit of .08.

VSP’s investigation states Claire’s car was T-boned and thrown into Quinones’ Jeep by a third car, while prosecutors say Claire drove into another vehicle and died on impact.

Prosecutors also say Claire, the designated driver that night, had a trace amount of drugs in her system.

The Wenzel family believes, even still, the case should go to the grand jury, saying there’s proof of criminal negligence.

“We feel that there’s a very strong case for involuntary manslaughter, and it’s a shame that somebody is dead, my sister is dead, and there’s no justice for it,” Claire’s sister Katie Wenzel said.

The Wenzel family says if Quinones weren’t driving with a reckless disregard for human life, Claire would still be alive today.

Henrico Commonwealth’s Attorney Shannon Taylor has met with the family, extended condolences and explained the case’s complexity to them.

Given the evidence, she says she cannot lawfully charge Quinones with involuntary manslaughter.

NBC12 Legal Analyst Steve Benjamin says criminal liability, in this case, is complex, and we don’t know all the facts, so we should trust the Commonwealth’s Attorney to make the best call.

“Just because a jury might disagree. That doesn’t prevail over the legal decision that the facts are not sufficient to justify a prosecution,” Benjamin said.

Claire’s mother started an online petition with more than 13,000 signatures that got the attention of the Attorney General’s office.

The AG’s office spoke with Shannon Taylor but is not commenting on pending litigation.

Quinones is due back in court on Oct. 16.

As the family continues to grapple with the death of their beloved daughter and sister, they’re looking to pursue other options in hopes of getting justice for Claire. The family filed a civil lawsuit on April 17.