2 charged in fiery 2022 Birmingham exhibition driving crash that critically inured 9, including bystanders

Two men have been criminally charged after multiple people were critically injured in a crash during an illegal exhibition driving event in Birmingham late last year.

Marvin Puerto, 19, and Brandon Marquise Waller, 24, are charged with six counts each of second-degree assault. Court records made public Monday list seven different victims.

Waller was taken into custody in April. He is out of jail on bonds totaling $90,000.

Puerto was arrested Thursday and remains held in the Jefferson County Jail on $90,000 bond.

The crash happened Friday, Dec. 9, 2022, on John Rogers Drive at Gun Club Road.

It was just after 9 p.m. when, according to witnesses, a Dodge Charger was doing donuts and a Nissan 370z was racing another vehicle when the two cars collided and then at least one of them veered into a crowd of bystanders.

Authorities said Waller was driving the Charger, and Puerto was driving the 370z.

Birmingham, Irondale, Cahaba Valley and Trussville firefighters responded to the scene after reports of multiple people lying in the road after being struck.

The Charger caught fire.

Birmingham Fire and Rescue Service reported at the time that 13 people were injured, nine of those critically.

Birmingham police said it appears a crowd had gathered to watch exhibition driving and racing. There were multiple donut and burnout skid marks on the pavement.

There were dozens of bystanders watching the exhibition driving, witnesses said.

Illegal street racing and exhibition driving has been an ongoing problem in the city.

In August 2022, a large crowd was gathered in a parking lot in the 800 block of Second Avenue North where drivers were doing burnouts and donuts when gunfire erupted. According to police and to a video circulating on social media, a vehicle doing a burnout struck another vehicle in the parking lot.

The collision happened just after 3 a.m. that Sunday. The video shows a male immediately opening fire after the cars made contact.

A woman was killed, and four others injured.

A 14-year-old boy was killed in July 2022 when he was struck by a vehicle watching exhibition driving in Birmingham.

Birmingham Mayor Randall L. Woodfin joined members of the Jefferson County legislative delegation in November 2022 to announce plans to file a bill to prohibit and impose penalties for certain forms of “exhibition driving,” which includes street and drag racing, burnouts, donuts, and similar activities defined within the bill.

That legislation has passed and been signed by Gov. Kay Ivey. It will take effect in several months.

Previously, drivers could only get a ticket. Now they face a minimum of misdemeanor charges, and up to a Class B felony if someone is injured or killed, or if there is property damage.