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.”