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.
Will He Be Found Guilty of Vehicular Manslaughter?
To prove that the defendant is guilty of gross vehicular manslaughter, the People must prove that:
- The defendant drove a vehicle;
- While driving that vehicle, the defendant committed a misdemeanor, infraction or otherwise lawful act that might cause death;
- The defendant committed the misdemeanor, infraction or otherwise lawful act that might cause death with gross negligence; AND
- The defendant’s grossly negligent conduct caused the death of another person.
Call Wallin & Klarich if You Face Vehicular Manslaughter Charges
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Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.