A tragic incident in Oxnard, California, has resulted in the conviction of a man for second-degree murder following a DUI crash that claimed the life of a 52-year-old woman. The incident occurred on July 22, 2018, on Pleasant Valley Road when Francisco Garcia, 49 at the time of the crash, struck two disabled vehicles involved in an earlier collision.
According to the Ventura County District Attorney’s Office, several individuals had exited their vehicles to assist at the scene of the initial accident when Garcia’s vehicle collided with the scene. Elicia Lopez-Hernandez, an Oxnard resident and Good Samaritan, was killed, and another person was seriously injured.
Garcia fled the scene on foot but was later apprehended while hiding on a nearby rooftop. Authorities reported that Garcia had been “heavily drinking throughout the day” and had a blood alcohol concentration of 0.24% at the time of the incident, three times the legal limit in California.
Conviction and Charges
Francisco Garcia was found guilty of the following charges and special allegations:
- PC 187(a) – Second-degree murder
- VC 23153(a) – DUI of alcoholic beverage causing injury
- VC 23153(b) – Driving with a .08% blood alcohol causing injury
- VC 20001(b)(2) – Fleeing the scene of an accident causing permanent, serious injury
Special Allegations:
- CRC 4.421(a)(1) – The crime involved great violence
- CRC 4.421(a)(3) – Victim was vulnerable
- CRC 4.421(b)(1) – Defendant has engaged in violent conduct
- PC 12022.7(a) – Great bodily injury in commission of felony
- VC 23152SA/F – Drunk driving priors
The District Attorney’s Office highlighted that Garcia had received a Watson advisement following a prior DUI conviction in 2009. A Watson advisement is a warning given in California to drivers convicted of DUI, stating that if they drive under the influence again and someone is killed, they could face murder charges.
Garcia faces a sentence of 22 years to life in state prison and is scheduled for sentencing on August 6.
Legal and Safety Implications of DUI-Related Accidents
This tragic case underscores the severe consequences of driving under the influence. Beyond the criminal charges and penalties, DUI-related accidents often result in significant personal injury claims. Victims and their families may face substantial medical expenses, lost income, and emotional distress. The act of fleeing the scene further compounds the legal and personal ramifications, demonstrating a disregard for the well-being of others.
DUI-related accidents can lead to complex legal proceedings. Individuals injured in such crashes, or the families of those killed, may have the right to pursue legal action against the at-fault driver. These actions can seek compensation for damages such as:
- Medical bills (past and future)
- Lost wages (past and future)
- Pain and suffering
- Emotional distress
- Funeral expenses (in cases of fatality)
Additionally, the presence of a Watson advisement, as in Garcia’s case, can significantly impact the legal proceedings, highlighting the driver’s awareness of the potential deadly consequences of their actions. It demonstrates a prior understanding that driving under the influence could lead to a charge of murder if a death occurs.
This case also emphasizes the importance of awareness and prevention of drunk driving. Resources and support systems are available to those struggling with alcohol abuse, and it is crucial to prioritize the safety of oneself and others by making responsible choices. Choosing to drive sober or utilizing alternative transportation options can prevent such tragedies from occurring.
Commentary from Gosuits Oxnard, California Personal Injury Attorney
This devastating incident serves as a stark reminder of the catastrophic consequences of driving under the influence. The loss of a Good Samaritan who was selflessly aiding others is particularly heart-wrenching. Beyond the criminal prosecution, the civil justice system provides an avenue for victims and their families to seek justice and compensation for the immense harm caused by such negligent actions. It’s essential to understand the full extent of your rights and options in the wake of a DUI-related injury or fatality.
