EASTON, Pa. — The Northampton County district attorney said Tuesday that he is not interested in pursuing jail time for two young drivers who inadvertently killed or permanently injured a close friend while attempting dangerous TikTok challenges earlier this year.
After consulting with the families of the victims, District Attorney Stephen Baratta said he has informed the defense in both cases that he hopes to avoid a trial if they are willing to accept criminal culpability for their reckless behavior.
In an ideal world, that would mean the defendants would publicly acknowledge their criminal behavior in return for supervision and eventually having their records expunged, he said.
The drivers and the victims, whom Baratta did not identify, were close friends in each case.
While the victims’ families want these cases to serve as cautionary tales, they don’t believe they should serve as permanent blots on the drivers’ lives. The victims’ families are disappointed with the decisions their children made as well as the drivers, he added.
Baratta stressed the decision to pursue criminal charges was his alone, as is the desire to seek out no jail time for the defendants.
“My heart goes out to both sets of parents,” Baratta said at a news conference at the Northampton County Courthouse, referring to the victims’ families. “They knew these drivers, they trusted them and thought of them as good people.”
While both accidents occurred months ago, Baratta said he was speaking about them now because he felt obligated to raise awareness about the risks of social media challenges.
“This is horribly dangerous and there’s no way you would want your child to engage in that type of activity,” Baratta said.
He said he waited until Tuesday because charges from the most recent crash were recently filed, he said, and he wanted to speak with the families privately first.
“They did have affection for the defendants because those kids were in their houses,” Baratta said. “They were torn about this, but ultimately they have to deal with this loss, and they did not want this loss to be for naught.”
Death-defying stunts met grim results
In the first case on March 18, 19-year-old Eniya Alvarado was driving a Nissan Sentra in the park-and-ride lot on William Penn Highway in Bethlehem Township with her 20-year-old friend Nikki Mackaravitz riding on top of the trunk, according to court records.
The two were attempting a car-surfing challenge when the 20-year-old lost her grip and suffered catastrophic, permanent head injuries, Baratta said. In court documents, Alvarado told police she was traveling between 30 mph and 35 mph at the time of the accident.
Alvarado, of Hanover Township, Lehigh County, is charged with aggravated assault, aggravated assault by vehicle, careless driving and person hanging from a vehicle, Baratta said.
Police reported that Mackaravitz suffered traumatic brain injuries after her head struck the pavement in the lot.
Baratta did not identify anyone involved in the case, but information he disclosed matched the public charges and court docket in Alvarado’s case.
Less than two weeks after Bethlehem Township police filed charges in that case, 17-year-old David Nagy died during a similar stunt in the parking lot of Freedom High School on June 1.
Nagy was standing on an overturned table that was tied to a vehicle driven by an unidentified 17-year-old. While Baratta did not name Nagy on Tuesday, he was previously identified by investigators.
Baratta said the driver in that case accelerated and turned sharply, throwing Nagy into a parked vehicle, resulting in his death. Nagy was wrapping up his junior year at Freedom High.
The defendant is facing a charge of involuntary manslaughter in that case, Baratta said. Prosecutors rarely if ever publicly identify juvenile defendants.
In both cases, prosecutors executed search warrants for video footage of accidents.
In the Nagy investigation, that included cell phone footage recorded by young people who had gathered to witness the stunt, Baratta said. Only the driver is facing criminal charges in that case, Baratta said.
A ‘moral obligation’
In each case, investigators quickly determined that neither driver had any intent to harm their friend, but their behavior was so egregiously reckless that it rose to the level of criminal negligence, Baratta said.
By highlighting the investigation Tuesday, Baratta said he hoped to raise awareness of these kinds of activities so parents and their children can discuss appropriate behavior and the importance of establishing boundaries.
The accidents were inspired by TikTok challenges, where people attempt to replicate a video that spreads through the social media network. Often, they’re harmless fun such as dancing, but too often they’re death-defying stunts, Baratta said.
Along with car surfing, there are videos of young people riding on the tops of subway cars — stunts that could easily result in a grisly end.
Baratta said social media platforms like TikTok are not criminally liable for activities people attempt in order to post footage on their sites.
He declined to opine on any civil liability, saying that was not the concern of his office. But these giant tech companies have a moral obligation to address accounts that encourage people to engage in these stunts, he said.
“They glorify it. These social media accounts glorify this type of behavior,” Baratta said.