Editor’s note: There has been a major update in this case. For more information, click here.

Nearly a year ago, Dena Devine hit and killed a motorcyclist after she admitted to consuming drugs and alcohol. She never went to jail. 

Ten months would elapse before her first day in court. Then, in just minutes, it was all over. 

Charges of driving under the influence of drugs and alcohol were dismissed Oct. 9 against the Maricopa woman involved in an SUV-motorcycle crash that killed a Mesa man. A Pinal County grand jury had indicted her the same day. 

Devine was driving her 2020 Subaru Outback with a male passenger on Honeycutt Road, making a left turn at Continental Boulevard. It was then on Jan. 20 when a motorcycle driven by Jordan Piergrossi slammed into the passenger door of the vehicle Devine was driving, causing extreme damage to both vehicles. Piergrossi died instantly. 

A Pinal County Superior Court judge 19 days ago dismissed the DUI case without prejudice, which means it can be refiled at a later date, or manslaughter charges can be filed. 

A Nov. 15 hearing was scheduled in Pinal County Superior Court, but details of that hearing were sealed in court files and two attorneys prosecuting the case did not answer questions about it today. 

The indictment was also sealed in court records for unknown reasons. Such an indictment being sealed is not common. 

The Maricopa Police Department officer interviewing Devine shared his first impression from the crash scene that January night. 

“When talking to Dena, I could smell the odor of intoxicating beverages emanating from her,” Officer Adam Abel stated in the Jan. 20 report. “Dena was crying as well.” 

“I asked Dena if she had anything to drink tonight,” the officer’s report continues. “Dena said she had three to four beers.” 

The passenger in Devine’s vehicle told an investigator at the scene they both had “approximately four beers.” 

Although witnesses said the motorcyclist appeared to be traveling up to 100 miles per hour and never applied his brakes, Able estimated he was moving at 55 miles per hour in the 45 zone at the time of impact. A short skid mark from the motorcycle was found at the scene. 

Devine’s blood-alcohol level at the time of the crash is unknown. 

MPD officers drew blood from Devine for the Arizona Department of Public Safety crime lab to test for alcohol level. They then conducted their investigation and turned over their findings to the Pinal County Vehicular Crimes Bureau, comprised of officers from the county sheriff’s office and other law enforcement agencies. 

In his crash-scene narrative, Officer Adam Pittman said he conducted the field sobriety test. 

“Dena was very wobbly and unable to keep her balance,” Pittman wrote, adding she also had trouble stepping heal to toe. 

After the test, she was taken to Exceptional Community Hospital in Maricopa for a blood draw. She was then taken back to the scene to be interviewed by the sheriff’s Vehicular Crimes Bureau, which in turn had her drug tested. 

Vehicular crimes Officer Tyler Gordon with Eloy Police Department, the lead investigator in the crash probe, said a warrant was issued Jan. 29 through Eloy Municipal Court, giving the task force access to the “black box” of Devine’s vehicle. 

The so-called black box is a device formally known as an “event data recorder.” EDRs are found in all newer vehicles today. The device helps investigators determine who was at fault by detailing what happened in the moments before a collision. 

The Eloy Municipal Court case remained pending this afternoon, according to the Arizona Judicial Branch.