Dashboard camera video played in court shows the terror on a woman’s face as her boyfriend drove into oncoming traffic, killing her and her 5-year-old daughter, but a judge said the prosecution didn’t prove the defendant would be a danger if released on bond.
A judge in Northern Virginia granted Mustafa Aljazairi $5,000 bond but put a hold on the order so the prosecutor can explore an appeal.
Aljazairi has been jailed for more than a year on two counts of second-degree murder, accused of intentionally causing the crash.
The video has no audio, but prosecutors say the couple’s facial expressions indicated they were arguing, continuing a fight that began earlier in the day over a former boyfriend.
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As the car reached an intersection, it veered left into oncoming traffic. The video shows Dorothy Fontaine’s fear as she braces for impact, while prosecutors say Aljazairi’s expression changed little.
The prosecutor said the video proves Aljazairi poses a danger to the public.
Defense attorney Blake Weiner argued even if the couple was having a disagreement, that doesn’t prove the crash was intentional or that Aljazairi is dangerous.
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“They have a piece of video from one instance where it appears my client was trying to pass a vehicle and then in a moment of panic, made a bad decision, an incorrect decision, because he was flustered and panicked,” Weiner said. “That is not a reason to hold somebody in jail finding that they’re a general and unreasonable danger to the community.”
Prosecutors also played a police investigator’s interview with Aljazairi from two days a after the crash.
“It just shows you turning into the left-hand lane, no skid marks, no braking, and then just driving into oncoming traffic. I’m trying to figure out why?” the investigator asked.
“I don’t know,” Aljazairi replied. “Why would I do that?”
Aljazairi’s family has spent two weeks keeping vigil outside the courthouse, complaining he has not been treated fairly.
“If my brother had a drop of guilt, we would not be here for him,” said the defendant’s brother, Mohammed Aljazairi. “We believe my brother is innocent.”
“We believe this was a horrible accident,” he said. “We believe that, and I believe the evidence is going to show the truth.”
The next court appearance is next Friday. The trial is set for Dec. 2.
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