Vehicular Manslaughter
Sean Emery of the OC Register reported last week that Costa Mesa resident, Beau Richard Cook, was accused of losing control of his vehicle and killing a pedestrian while driving drunk, pled guilty to vehicular manslaughter and was sentenced Friday to six years in state prison. Witnesses reported seeing the defendant, traveling southbound on Harbor Boulevard and running a red light at Warner Avenue in Santa Ana.
Police reports indicate that the defendant lost control of his vehicle in an attempt to miss another vehicle, drove over the curb and struck a fire hydrant before hitting Eloisa Aguilar. Aguilar, 57, was killed instantly, while the defendant suffered injuries to his left leg and pelvis. Police determined that an hour and a half after the incident the defendant’s blood-alcohol level was .08. At the sentencing, Aguilar's fiancé, sister, niece and nephew all gave victim-impact statements at Friday's court hearing.
To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that: 1. The defendant drove a vehicle; 2. While driving that vehicle, the defendant committed a misdemeanor, infraction or otherwise lawful act that might cause death; 3. The defendant committed the misdemeanor, infraction or otherwise lawful act that might cause death with gross negligence; AND 4. The defendant's grossly negligent conduct caused the death of another person.
If you or a loved one is facing a this charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 1-877-230-1529 or through our website at www.wklaw.com. We will be there when you call.
