Tesla driver charged with murdering 2 in San Jose shows no remorse, prosecutors say
Sep 16, 2026
SAN JOSE, Calif. (KRON) -- When Ivana Balistreri and her baby were trapped inside a "fireball," a Tesla driver who had just crashed into the victims' car on Highway 87 in San Jose complained about his scraped knee and did nothing to help, according to new court documents filed by prosecutors. The 30
-year-old mother and Baby Lilliana did not make it out of their Lexus alive.
The driver, Zachary Steven Chernicky, 31, of San Jose, "turned his car into a literal bomb" when he drove between 100-142 mph on Highway 87 and plowed into heavy traffic on December 2, 2025, prosecutors wrote in court documents.
Following the fiery fatal wreck, Chernicky got a new Tesla and showed off how fast it could go in a series of videos posted on Instagram, court records state. Investigators conducted a months-long investigation before making any arrests.
In July 2026, Chernicky was arrested in and charged with murdering Balistreri and Baby Lilliana. He's been in jail ever since, and he has not entered a plea.
Ivana Balistreri and her daughter, Lilliana, are seen during a stroller walk. (Photo courtesy GoFundMe)
On Friday, Chernicky's defense attorney will fight for his client's release from jail by asking the judge to grant bail. Ahead of the hearing, dozens of Balistreri's family members and friends wrote letters to Judge Hector Ramon urging him to keep Chernicky locked up without bail.
Santa Clara County Deputy District Attorney Marisa McKeown filed a motion opposing pre-trial release.
McKeown wrote, "On December 2, 2025 at around 10:40 a.m., defendant was driving his red Tesla Model Y on Highway 87 northbound in San Jose in excess of 142 miles per hour. He ultimately crashed and killed two people in a fiery explosion. His actions before and after the crash are critical in understanding his ongoing dangerousness to the public."
Ivana Balistreri and baby Lilliana play in snow. (Photo courtesy GoFundMe)
Multiple witnesses saw the Tesla driving recklessly and possibly racing a BMW. Balistreri and her one-year-old daughter were on the passenger side of their Lexus, which was being driving by Zachary Martins.
"Martins slowed with the traffic ... ultimately coming to a stop. Seconds later, defendant's vehicle plowed into the back of the Lexus, causing an instant fireball. The inferno caused enormous flames, and the impact of the crash trapped Ivana and the baby. (Martins) and passing motorists attempted to free Ivana and the baby. But the flames and ongoing explosions were too much to endure," McKeown wrote.
"Defendant did not attempt to render aid to anyone. He walked out of his vehicle, with merely scratches on his knees, and watched from the side of the road," McKeown wrote.
Martins was screaming for someone to help him get his family out of the burning Lexus, court documents state.
(Photo via CHP San Jose)
According to prosecutors, Chernicky has shown zero remorse, and he continued speeding on Bay Area roads for months after killing two people.
McKeown wrote, "The defendant's behavior and state of mind after the crash are equally, if not more, concerning from a public safety standpoint. (Chernicky) has shown a complete lack of remorse."
Within 24 hours after the crash, Chernicky posted a photo of the crash scene on his Instagram page and wrote, "Hey everyone, yesterday was absolutely insane. I'm pretty beat up. I thank GOD I'm still alive. My Tesla is completely burned to the ground and destroyed, but I was able to escape out of the back. God is real."
McKeown noted that on Instagram, "He posted about it like he was a victim. There is no mention of the victims he killed, even though he posted a photo of the burned car which contained their bodies. In the months that followed, defendant posted multiple videos of himself driving fast while recording himself in various Teslas and sportscars. Shockingly, he continued to drive recklessly and seemingly glorify this conduct through his own social media account."
Court documents show an image from Zachary Chernicky's social media video. The video was recorded while he was allegedly speeding after the deadly crash and before he was arrested.
On social media, Chernicky wrote about his plans to possibly move to Florida or start a new job in Paris, court documents state. Posts also allegedly showed him DJ'ing at parties and dancing.
Prosecutors said the accused killer's plans for moving away from California are evidence that, if released from jail before trial, he would be a flight risk.
In letters written to the judge this September, the victims' grieving family members implored the judge to deny bail. Balistreri's father wrote in a letter, "What type of person drives over 140 miles per hour on a highway that is always busy? Then after the accident, he shows (no) remorse for the death of a young mom and her ... daughter, but posts that he is sad because he lost his Tesla. Mr. Chernicky is that person and he is a danger to everyone."
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Another family member noted that at the crash scene, "Chernicky stood idly by complaining of his knee and scrolling through his phone. He offered no assistance. He killed my family members. I believe he is a threat to this community, and deserves to remain in custody."
Chernicky is scheduled to appear for his pre-trial release bail hearing on Sept. 18 at 9 a.m. in the Santa Clara County Hall of Justice.
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