The driver accused of killing his two younger cousins after crashing his car into a tree while driving well over the speed limit has been unmasked.
Jimmy Martin Brito, 33, reportedly lost control and crashed his Subaru WRX while speeding along Grand Parade in Monterey, south Sydney, on August 25.
Brothers Peter, nine, and Xavier Abreu, 10, died at the scene, while a nine-year-old girl in the front seat escaped with minor injuries.
Brito’s grandmother Maria Soledad Martin posted several photos of her grandson during happier times in the weeks after the crash.
On August 29, just four days after the collision, Ms. Martin posted a photo of herself and Brito on Facebook with the caption, “Lord have mercy.”
A woman asked in the comments below the photo what happened to her grandson.
‘He had a serious accident. He’s in the hospital,” Mrs. Martin replied.
Brito’s grandmother Maria Soledad Martin (right) posted several photos of her grandson during happier times in the weeks after the crash
On Father’s Day on Sunday, Ms Martin uploaded another photo of Brito as a tribute to the fathers and parents in her family (pictured)
On Father’s Day on September 2, the matriarch uploaded another photo of Brito as a tribute to the fathers and parents in her family.
‘Happy Father’s Day. To the parents of my family, to the friends and to everyone who deserves the title of father,” she wrote.
“Congratulations and many blessings.”
It comes as Olivia Aliferis, the mother of slain brothers Peter and Xavier, was credited in a resurfaced photo as “magic with children.”
In 2018, Ms. Aliferis’ brother Peter reminisced with a friend about a time when she and Olivia had helped calm his two sons, Brito’s younger brothers.
‘I’ll always remember that day when he started crying and I lost my dick thinking omfg, what am I going to do with a crying baby? And you just took him away from me and Olivia was there too. You guys calmed me down lol,” he said.
‘It would have ALL been Liv – she’s magical with kids!’ the woman replied.
“No really, I plan on giving her all my money to raise her.”
Brito, who has been charged with five offenses over the incident, was refused bail on Thursday when he appeared in Sutherland Local Court via video link.
His lawyer Fahim Arya told the court last week that his client had had a “limited conversation” with Ms Aliferis.
Mr Arya said the mother was “distraught and distressed” but he stressed that Ms Aliferis “continues to support and stand by Martin Brito”.
Xavier Abreu, 10, (left) and his brother Peter, nine, died last month when the Subaru WRX they were in crashed into a tree on Grand Parade in Monterey in Sydney’s south
Chilling CCTV footage was played in court on Thursday, showing Brito allegedly racing down the street alongside a second car before crashing into the tree.
The prosecutor argued that there would be an unacceptable risk to the community if Brito were released on bail, and expressed fears that he would interfere with witnesses or fail to appear in court.
The police prosecutor said Brito had a “blemished” driving record, including driving while suspended, speeding and using a cell phone.
The prosecutor said it was a strong case, with CCTV footage from homes showing ‘offensive’ evidence during the journey from La Perouse to the scene of the collision.
Police said three cellphones were found in the car and videos taken by the children during the crash were recovered from one of the devices.
“One phone is unlocked and the other two are being processed,” the prosecutor said
“The black box from the car is also being analyzed.”
The court also heard that a speed analysis showed the car was traveling at at least 136 km/h in the 60 km/h zone at the time of impact.
“As a result of that collision, two of those children have now died,” the public prosecutor said.
Pictured: the Grand Parade massacre after Jimmy Brito allegedly crashed into a tree
“It must be apparent to the court, as the prosecutor claims, that his release would pose a risk to the community.”
The court heard that Brito and family members filed affidavits expressing concerns that he was not receiving adequate medical treatment behind bars.
The court heard the father had suffered from mental health problems, including anxiety and depression, but his well-being had deteriorated in recent weeks.
While the prosecutor argued he could receive treatment behind bars, his lawyer claimed family members were concerned about his level of care.
“He is suffering seriously physically and his treatment is lacking,” he said.
“He’s not getting proper medication.”
However, Magistrate Stewart pointed out that there was no medical reports or evidence to support the claims made in the affidavits.
‘What is that based on?’ he said.
“They’re not doctors, and neither is he.”
In arguing for Brito’s release, his lawyer noted that Brito’s criminal record was “not serious,” that there was no evidence of previous non-compliance with court orders, and that he has strong ties to the community, which would eliminate any risk of danger to the public would be limited. .
The lawyer said Brito was willing to adhere to strict bail conditions because he was living in a “house arrest situation” with his mother, where she would call authorities if he left the property.
Police prosecutors said court experts estimated the vehicle was traveling at least 85 mph (136 km/h) at the time of the crash.
He added that Brito hoped to be released so he could resume caring for his daughter. As his child was mentioned, Brito was seen wiping away tears.
When asked whether security could be provided, the lawyer replied no, because the family had ‘modest resources’. However, after a brief discussion with his counsel, the attorney advised that Brito could impose a small amount of up to $2,000.
Magistrate Stewart said there was a chance the charges would be upgraded during the course of the police investigation and it was ‘inevitable’ that Brito would spend time in custody if convicted.
Although he agreed with the defense that Brito’s old cases were some time ago, Magistrate Stewart ultimately sided with the prosecution as the risk to the community was unacceptable and refused Brito bail.
“There are no medical reports to support that he is receiving inadequate treatment,” he said. ‘Even under strict conditions there are concerns about not showing up.’
When the ruling was made, Brito appeared angry as he stood up from his seat and grabbed two crutches.
Brito, who was seriously injured in the crash, was initially charged with two counts of dangerous driving causing death and one count of causing bodily harm by misconduct.
Hours before the hearing on Thursday, NSW Police confirmed he has now been charged with two additional charges of serious dangerous driving causing death.
The new charges, if proven, carry a maximum prison sentence of 14 years.
The case was adjourned until November 30.