Jimmy Brito hit with manslaughter charges over fatal Monterey crash

Police have now upgraded the charges against Jimmy Brito for a third time. Meanwhile, he is set to head to the NSW Supreme Court next month to apply for bail.

A driver slapped with upgraded charges of manslaughter over his alleged involvement in a high-speed drag race that killed two young children intends to seek bail in the NSW Supreme Court, The Sunday Telegraph can reveal.

Police will allege Jimmy Martin Brito was behind the wheel of a Subaru WRX travelling at speeds of more than 136km/hr in August last year when he lost control of the vehicle, causing it to cross over two lanes of traffic and slam into a tree at a busy intersection in Monterey in Sydney’s south.

Two child passengers, Peter, 9, and Xavier Abreu, 10, were rushed to Sydney Children’s Hospital, where they died. A nine-year-old girl escaped the horror crash with minor injuries.

Brito was also taken to hospital for treatment.

CCTV footage from a home on The Grand Parade shows the moment residents run to the scene of the crash.

A mobile phone recovered from the wreckage of the vehicle allegedly revealed one of the children had videoed Brito speeding along residential streets and drag racing a grey sedan in the minutes before the fatal crash.

Brito was subsequently charged with two counts of dangerous driving causing death and one count of causing bodily harm by misconduct and remanded in custody.

Police laid further charges of aggravated dangerous driving and street racing against Brito in the months after the crash.

However, The Sunday Telegraph can reveal police have now upgraded the case against Brito for a third time, laying two additional charges of manslaughter against the 33-year-old this week.

The scene of the horrific crash. Picture: Supplied

He is now facing nine charges in total.

The Telegraph can also reveal Brito has lodged an application with the NSW Supreme Court seeking to be released on bail.

The case has tentatively been set down for a hearing on April 11 but will next be mentioned in a callover court on March 22.

The move comes following an unsuccessful bail application made by Brito before the NSW Local Court last November.

One video shown in court at the time depicted Brito’s WRX speeding up the road next to the grey sedan, with both sets of headlights blazing before a large cloud of smoke erupts beyond the camera’s sight.

The force of the WRX’s impact with the tree was so strong that the car’s engine was flung from the bonnet and landed several metres away, the court heard.

In refusing bail at the time, Magistrate Philip Stewart said a custodial sentence would be “inevitable” if Brito was convicted of the offences.

Got a news tip? Email [e-mail]