Articles Posted in Drunken Vehicular Manslaughter

Oscar Omar Guerca, 30, of Santa Ana was sentenced to 16 years in prison in connection with the death of a motorist who died when Guerca rear-ended his vehicle from behind. According to an article in The Orange County Register, Guerca pleaded guilty to vehicular manslaughter while intoxicated, hit-and-run with injury, a sentencing enhancement for fleeing the scene of the crash and misdemeanor driving on a suspended license.

Guerca was reportedly driving on the 55 Freeway near Chapman Avenue in a Chevy SUV the night of December 20, 2008 when traffic slowed down because of Caltrans work. Guerca struck 33-year-old Marco Antonio Aguilar from behind. Prosecutors say Guerca was traveling at speeds in excess of 100 mph. Aguilar died instantly. Officials say Guerca attempted to flee the scene, but was apprehended. He is said to have had a blood alcohol level of 0.13 percent two hours after the crash.

In California, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or higher. California Penal Code section 191.5 (a) states: “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

Police arrested a man on suspicion of drunk driving in Rialto after he allegedly struck a vehicle, killing one woman and injuring three others during a police pursuit. According to this news report in the San Bernardino Sun, police arrested 19-year-old Johnny Morales on CA vehicular manslaughter charges because, officials say, he was driving under the influence of alcohol. Police officers attempted to stop Morales at the intersection of Foothill Boulevard and Rancho Avenue after they reportedly saw him make a traffic violation. He did not stop and police pursued him.

The chase ended when Morales rear-ended a 1991 Honda Accord that was making a left turn onto Foothill from Riverside Avenue. Margarita Rodriguez-Dominguez, a 40-year old Rialto resident who was one of the Accord’s passengers, died. The driver and two other passengers were injured.

Drunk driving in California may be charged as misdemeanors or felonies. In this case, where it involved fatal and serious injuries, the defendant was charged with a serious felony – murder. The situation was worsened because Morales allegedly tried to flee from the police when they attempted to stop him.

Andrew Gallo, 22, was arrested and charged with murder in connection with a orange County DUI hit-and-run car crash, which killed Angels pitcher Nick Adenhart and two others and left one man in critical condition. According to a Fox News report, Fullerton police officials say Gallo was speeding when he ran a red light and struck the Mitsubishi sports car in which Adenhart and the others were in. Gallo is facing murder charges, vehicular manslaughter, felony hit and run, felony DUI and other serious charges.

He was also said to be driving with a suspended license. His driving privilege was suspended following a prior DUI conviction, the news report states. Police also say Gallo’s blood alcohol level was over the legal limit. In California, it is illegal to driver with a blood alcohol level of 0.08 percent or higher.

The charges that this driver is facing are extremely serious. The situation has clearly been worsened because of the number of violations and the seriousness of the violations Gallo has been accused of. In any DUI or traffic violation case, it is very important to seek the counsel of an experienced Orange County DUI defense attorney, who can help establish the facts and keep you from going to jail. If an incident involves serious injuries or death, as in this case, you may be charged with a felony.

A pedestrian who was struck and killed on the evening of February 3, 2009, by a suspected drunk driver has been identified by law enforcement officials as 75-year-old Ronald Sieler. The report from KFMB 760 AM states that Seiler was crossing the street at the intersection of Main Street and Third Avenue in Chula Vista when he was struck by a vehicle driven by Peter DiCesare, 45, address unknown. After the accident Seiler was transported to the University of California San Diego Medical Center where he was pronounced dead from his DUI causing injuries in California.

According to law enforcement officials investigating the accident, Seiler was struck in the 3100 block of Main Street. DiCesare was taken into custody and is facing charges of California drug possession and driving under the influence. DeCesare’s bail has been set at $150,000.
Continue reading

Law enforcement officials recently released the name of an 11-month-old girl killed by a suspected drunken driver in a hit-and-run incident in the Westlake area, according to this article in the Los Angeles Wave. Witnesses reported that 11-month-old Yudith Ausencio, her 5-year-old sister, and their mother were struck while walking across the street near the intersection of Olympic Boulevard and Bonnie Brae Street just after 6 p.m. on Sunday, February 2, 2009.

Witnesses said that the mother and two small children were crossing the street in a marked crosswalk when they were struck by a hit-and-run driver who fled from the scene. Hours later, working on a license plate number and other information provided by witnesses, Police took 30-year-old Henry Yovanni Moreno, of Southgate into custody. Moreno faces a variety of charges, including felony hit-and-run, felony DUI, drunken vehicular manslaughter in California.

Moreno, originally from Honduras, is being held without bail in jail and local law enforcement officials are waiting to hear from U.S. Immigration and Customs Enforcement regarding Moreno’s immigration status. The mother of the slain baby is being treated for serious injuries, and her 5-year-old daughter was critically injured in the accident.
Continue reading

According to this article in the Orange County Register, a Fullerton woman died early Sunday, February 1, 2009, from injuries she suffered when a suspected DUI driver ran a red light and struck her car in La Habra. Officials with the La Habra Police Department and the Los Angeles County Fire Department responded to the traffic accident around 1:30 a.m. and pronounced April Junhee Whang, 26, of Fullerton dead at the scene.

The crash is still under investigation but authorities say that Whang was southbound on Beach Boulevard in a 2004 Acura Integra and turned left onto eastbound Imperial Highway when it was struck by a 2003 Mazda 6. According to eyewitness accounts, the Mazda, driven by Brittany Deanne Schuetz, 20, of Irvine, failed to stop for a red light and struck Whang’s car at a high rate of speed. Schuetz was taken to UCI Medical Center for treatment and is being held by authorities on suspicion of felony DUI and vehicular manslaughter in California.
Continue reading

A fugitive who fled the country after allegedly driving under the influence in California and killing a motorcyclist in 2005 has been extradited to Orange County and will face felony charges, according to this recent Los Angeles Times article. According to law enforcement officials, former Hyundai executive, Youn Bum Lee, 41, of South Korea, had been drinking with colleagues at a Korean barbecue restaurant in Garden Grove in October 2005 and consumed more alcohol at a nearby karaoke bar.

Later that night, officials claim that Lee got into a company-owned Hyundai SUV and crashed the vehicle into a concrete barrier on Freeway 55 in Santa Ana. After the crash, Lee left the SUV at the site of the crash with its lights off. Sometime later, Ryan Dallas Cook was riding his motorcycle when he failed to see the crashed SUV, slammed into it, and was killed after being struck by other motorists. Around 24 hours after the accident, Lee boarded a plane to South Korea. Weeks later, Cook’s parents filed a lawsuit against Hyundai Motor America claiming that company officials helped Lee leave the country before he could be questioned by the police.
Continue reading

Contact Information