Family of deceased sues McAllen bars, driver in crash that killed 2

MCALLEN, Texas (ValleyCentral) — The mother of the deceased in a May 17 crash that killed two is suing two McAllen bars for allegedly overserving alcohol to Dionicio Luna Aguirre, the surviving driver in the crash.

Aguirre, who has been charged with two counts of intoxication manslaughter with a vehicle, is also being sued in the case for negligence. He was arraigned Thursday in connection to the crash that killed 54-year-old driver Juan Carlos Perez and 20-year-old Gianncarlo Humberto Corria Bustos, Aguirre's passenger.

The lawsuit alleges that Santa Diabla bar and NY 17th Floor, a mixology and cocktail bar in McAllen, overserved Aguirre alcohol past the point of intoxication.

That fatal night, Aguirre and Bustos were out on the town and drank at NY 17th Floor, according to the suit. The lawsuit states that Aguirre was showing clear signs of intoxication and this cocktail bar and was still served alcohol.

Aguirre and Bustos then went to Santa Diabla bar where the suit alleges the staff continued to serve them alcohol.

"Defendant Aguirre was intoxicated to the extent that he presented a clear danger to
himself, the general public and others as employees of Defendants 17th Floor and Santa
Diabla continued to serve him alcohol," the suit states.

After closing time, at about 2:29 a.m. on May 17, the lawsuit alleges that Aguirre got behind the wheel with Bustos in his passenger seat.

"Aguirre [was] driving at an excessive rate of speed, without his headlights on, ran a red light at the intersection of North 2nd Street, Col. Rowe Boulevard, and Nolana Avenue," the lawsuit states. "Aguirre’s Silverado collided with a Nissan Altima, resulting in the deaths of the Altima’s driver, Juan Carlos Perez, age 53, of McAllen, Texas, and Giancarlo Humberto Coria Bustos, age 20, the passenger in Aguirre’s vehicle. Defendant Aguirre elected to enter his motor vehicle and drive, thereby putting other patrons, and the general public in danger.

When law enforcement arrived, 53-year-old Perez was pronounced dead at the scene of the crash. Bustos was also pronounced dead. However, the lawsuit states that he was alive at the time of the crash and suffered in pain for several minutes before ultimately dying at the scene.

The family of Bustos is suing Aguirre for negligence in the wrongful death of their son.

Bustos' family is asking for $1,000,000 in restitution.

As previously reported by ValleyCentral, over the weekend, locals gathered to protest the bail granted to Aguirre, citing he has an extensive rap sheet.

In 2024, Aguirre was arrested in connection with a public sexual performance that took place at Santa Diabla nightclub. The investigation revealed that Aguirre was the person seen in a viral video having sex with the performer.

Four people were arrested in connection to the public lewdness investigation.