According to an Altus Police Department affidavit, Herrera was the driver of a Dodge Colt Station wagon that rolled over after jumping the railroad tracks on East Ridgecrest Road at 9:34 p.m. that night.
According to the affidavit:
Evidence at the scene indicated that the vehicle was westbound traveling at an excessive high rate of speed in a 30 MPH zone, hitting the railroad tracks going airborne for 97 feet before impact with the roadway.
The vehicle rolled at least twice, and Herrera and four passengers were thrown from it.
Officers found unopened cold beers and opened beer cans and wine bottles at the scene.
The passengers in the vehicle were Olivas, who was taken to Jackson County Memorial Hospital, where he was pronounced dead; Anthony Stafford, 6, who was air-lifted to Dallas Children's Hospital in critical condition; Anthony's mother Bambi Stafford, 24, who was air-lifted to Comanche County Memorial Hospital in Lawton in critical condition; and Gerald Diaz, who was treated and released at JCMH.
Herrera is being charged with manslaughter, child endangerment and driving under the influence.