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The driver of a Chevy Silverado was arrested on suspicion of DUI on Wednesday night after colliding into Gelato 101 along Coast Highway 101 in Encinitas. Photo by Leo Place
The driver of a Chevy Silverado was arrested on suspicion of DUI on Wednesday night after colliding into Gelato 101 along Coast Highway 101 in Encinitas. Photo by Leo Place
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Driver pleads not guilty to DUI, other charges in Gelato 101 crash

VISTA — The driver accused of crashing a truck into the front of a gelato shop in downtown Encinitas last week pleaded not guilty on Monday to driving under the influence and causing bodily injury. 

Edward John Delatorre, 64, of Encinitas, was arraigned in Vista Superior Court on Oct. 13, five days after his truck collided with another vehicle and crashed into Gelato 101 at Coast Highway 101 and D Street.

During the Oct. 8 crash, a nine-year-old boy named River, who was inside the gelato shop with his family, was struck and trapped under the truck. He was freed shortly after by first responders, taken to the hospital for treatment and released home.

Delatorre made $100,000 bail over the weekend and has been ordered to wear an ankle monitor. He is facing a maximum of six years in prison — three for the felony charge of DUI causing injury, and another three for an enhancement for inflicting great bodily injury, according to a criminal complaint. 

His next court hearing will be Oct. 21 at 8:30 a.m. 

River Smith, age 9, is pictured on Oct. 9 after being trapped under a truck that collided with Gelato 101 in Encinitas the day prior. Courtesy Smith family
River Smith, age 9, is pictured on Oct. 9 after being trapped under a truck that collided with Gelato 101 in Encinitas the day prior. Courtesy Smith family

Hundreds of community members have stepped up to support the family of nine-year-old River, with donations to cover hospital bills and a meal train. 

His mother, Betsy Smith, said on social media that her son has a broken arm and collarbone but is in good spirits. She thanked the community for all its support.

“River’s feeling less physical pain every day. He said he’s grateful to be alive and to know that so many people care about him,” Smith said in an update on the Meal Train page on Tuesday. “We are floored, there are no words to say how much this means to us.”

Community members have also started a GoFundMe to support Gelato 101 as it rebuilds following the crash, with thousands of dollars already raised. 

“The shop has had to close temporarily to rebuild. Repairs, equipment and furniture replacement, and staff support come with overwhelming costs. Unfortunately insurance will not cover all of the expenses,” the GoFundMe page states.

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