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Man who drank a bucket of beers before a fatal DUI in Santa Ana is convicted

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Jesus Segura Herrera, a 32-year-old man, was convicted on Monday of second-degree murder, driving under the influence of alcohol causing injury, driving with a blood-alcohol count higher than the legal limit and hit and run with permanent and serious injury, all felonies. Sentencing enhancements for inflicting great bodily injury on both victims in the crash were also approved by the jury.

Herrera was previously convicted of driving under the influence of alcohol, hit and run and battery against a peace officer, all misdemeanors, on Halloween 2008. That is why in this latest trial he was charged with second-degree murder instead of vehicular manslaughter.

On Dec. 2, 2018, Herrera headed to the Spoons restaurant, in Santa Ana and proceeded to consume a “bucket of beer” according o the prosecutor.

Herrera then got into his Acura TL and was driving at speeds of about 40 to 50 mph on Grand Ave. when he rear-ended a Scion XD at McFadden Avenue, just after 2 a.m.

The crash took the life of Jorge Davalos Carrillo, 39, of Garden Grove, who was the right rear passenger in the Scion. Another passenger in the front seat sustained a brain injury as well as fractures to the spine, rib and pelvis, and spent two months hospitalized, according to the prosecutor.

Three good Samaritans helped Herrera out of his car and asked him to stay put, but Herrera returned to his car and tried to drive away, only to crash into a light pole..

Herrera has prior arrests for DUI dating back to 2008, according to the SAPD. Now he is facing life in prison.

Irvine man who overdosed then got into a fatal DUI crash facing a murder charge

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SANTA ANA, Calif. — A 21-year-old man has been charged with murder for killing a 61-year-old woman while driving under the influence of drugs just hours after being released from the hospital following a fentanyl overdose. The driver had already been charged in a 2019 driving under the influence case in which he had been warned of the deadly dangers of driving under the influence.

Luis Marcial Diaz, 21, of Irvine, has been charged with one felony count of murder for killing Kyu Chen, 61, of Irvine, who was on her way to work.

Diaz faces a maximum sentence of 15 years to life if convicted. He is scheduled to be arraigned on October 14, 2021 in CJ1. He is currently being held at the Intake Release Center on $1 million bail.

Diaz was arrested Tuesday by the Irvine Police Department.

Just after 4 a.m. on September 27, 2021, Diaz is accused of running a stale red light at the intersection of Sand Canyon Road and Irvine Center Drive in the City of Irvine. Chen was driving through the intersection on a greenlight on her way to work when she was broadsided by Diaz’ vehicle. Chen later died.

On July 30, 2019, Diaz was arrested by the Huntington Beach Police Department on suspicion of driving under the influence of drugs. He was charged with one misdemeanor count of driving under the influence of drugs, one misdemeanor count of possession of nitrous oxide, and one misdemeanor count of driving without a valid license. He pleaded not guilty to the three misdemeanor charges.

Drivers arrested on suspicion of driving under the influence in California can be given what is known as a Watson advisement that informs them that if they kill someone while driving under the influence they can be charged with murder. Diaz received the Watson advisement in connection with his 2019 arrest for driving under the influence of drugs. The Steve Ambriz Act, authored by then-Assemblymember Todd Spitzer, requires people applying for a California driver’s license to sign a form acknowledging that they can be charged with murder if they kill someone while driving under the influence of drugs or alcohol.

“The Irvine Police Department is committed to holding accountable those who choose to drive while under the influence of drugs or alcohol,” said Irvine Police Chief Michael Kent. “Mr. Diaz showed a complete lack of regard for the lives of others when he chose to get behind the wheel that Monday morning. Our hearts go out to Mrs. Chen’s family and we hope they get the justice they deserve for this tragic loss.”

“This is a tragedy that should have never happened,” said Orange County District Attorney Todd Spitzer. “Just hours before Mrs. Chen was murdered, doctors managed to save the defendant from overdosing on drugs. Instead of taking that near-death experience to heart, he continued to engage in incredibly dangerous behavior and it cost Mrs. Chen her life. She was just driving to work and now she is dead. And the tragedy of it all, is she didn’t have to die. The Orange County District Attorney’s Office will do everything it can to ensure justice is done for Mrs. Chen and her loved ones – and to send a strong message to drivers that there are serious consequences for driving under the influence.”

Deputy District Attorney Casey Cunningham of the Homicide Unit is prosecuting this case.

DUI suspected in evening collision at Edinger Avenue and Corta Drive

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On Wednesday, August 4, 2021 at 8:52 PM, the Santa Ana Police Department received several calls of a traffic collision involving a white van and gray SUV at the intersection of Corta Drive and Edinger Avenue. Officers responded to the area and located the collision. Orange County Fire Authority personnel responded and began to treat both drivers. They were transported to an area hospital for further medical treatment, where the driver of the SUV remains in critical condition.

The preliminary investigation has revealed the SUV was traveling west on Edinger Avenue approaching Corta Drive. The van was traveling east on Edinger Avenue making a left turn onto Corta Drive. As the van made the left turn, it was struck by the SUV.

The driver of the van was identified as Angel Rodriguez from Santa Ana. He was arrested for felony DUI and transported to the Santa Ana Jail for booking.

The Santa Ana Police Department’s Collision Investigations Unit (CIU) is handling the investigation. Anyone possibly having information about this collision is asked to contact Investigator L. Bao at (714) 245-8223 or the Santa Ana Police Department’s Traffic Division at (714) 245-8200.

The passenger in a Costa Mesa fatal hit and run collision now facing charges and is a fugitive

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Meghann Carrie Carlisle, of Costa Mesa, a 38-year-old woman, has been listed as a fugitive by the OCDA’s office in relation to a hit-and-run collision which killed Richard Frost, a 74-year-old man in Costa Mesa, on April 10, 2021. Carlisle was a passenger in the hit and run vehicle, which was driven by 28-year-old Costa Mesa resident Stewart Leacky Waithanji.

The OCDA is charging Carlisle with two felony counts of being an accessory to a crime after the fact and for her involvement in a hit-and-run collision causing serious or permanent injury.

Carlisle has also been charged with two misdemeanor counts of hit and run causing property damage, stemming from the hit and run incident.

Around 4 p.m. on Saturday, April 10, 2021, Costa Mesa police were called to the scene of a hit-and-run accident on Newport Boulevard south of 17th Street with witnesses attempting stop the driver from leaving the scene. Officers found an injured 74-year-old man in the street. The man was treated by paramedics and taken to a local hospital where he died.

Witnesses reported the victim was attempting to stop the driver of a silver Chevy Malibu from leaving the scene when he was struck. The driver, later identified as Waithanji, continued driving. He was arrested a short time later in the parking lot of a Los Alamitos bar.

Waithanji was wanted on a warrant on a September 2019 driving under the influence case and also on second warrant for an October 2019 driving under the influence case. Court records maintained by the state of Iowa indicate Waithanji was convicted for first-, second- and third-degree DUI offenses committed in January and May of 2016 and November 2017, according to the L.A. Times.

Waithanji currently faces one count of felony murder, along with two felony charges of driving under the influence of alcohol and two misdemeanor charges related to property damage caused during the collision. He faces a maximum sentence of life if convicted of all charges, according to the OCDA.

Carlisle, who apparently has also used the surname Nguyen, was arrested and released on April 13, according to the OCDA. The OCDA complaint alleges that Carlisle was the owner of the Malibu driven during the incident. The OCDA alleges that she failed to stop and notify authorities or communicate with victims following the collision. She is also accused of unlawfully harboring, concealing and aiding Waithanji so he “might avoid and escape from arrest, trial, conviction and punishment for the felony.”

While the relationship between the two suspects is unknown, an online inmate locator maintained by the sheriff’s department lists Carlisle’s occupation as “receptionist,” while Waithanji is described as a “server.”

Waithanji is scheduled to be arraigned in court on May 12.

DUI driver arrested in Santa Ana after a police pursuit and a collision

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On Saturday, April 24, 2021 at 8:22 PM, the Orange County Sheriff’s Department and the Orange Police Department were in pursuit of a white pick-up truck. During the pursuit, a collision occurred between the truck and a van at 2300 N. Tustin Avenue.

Orange County Fire Authority personnel responded and began to treat the occupants of both vehicles. The occupants of the van were transported to an area hospital with major injuries.

The preliminary investigation has revealed the truck was being pursued south on Tustin Ave approaching Santa Clara Ave. The van was traveling west on Santa Clara Ave at Tustin Ave. As the van proceeded into the intersection on a green traffic signal, it was struck by the truck.

The driver of the truck was arrested at the scene for felony DUI and evading by the Orange County Sheriff’s Department.

The Santa Ana Police Department’s Collision Investigations Unit (CIU) is handling the investigation. Anyone possibly having information about this collision is asked to contact Cpl. W. Hadley at (714) 245-8216 or the Santa Ana Police Department’s Traffic Division at (714) 245-8200.

Newport Beach will crack down on pot smokers who drive on 4/20

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April 20, or 4/20, is a “holiday” among marijuana users. Although recreational and medicinal use of marijuana is legal in California, the Newport Beach Police department wants to remind drivers that it is dangerous and illegal to drive under the influence of marijuana.
 
“Whether it is on 4/20 or any other day, marijuana consumption puts you at risk of driving impaired,” Lt. Damon Psaros said. “Any substance that impairs makes it unsafe to drive.”
 
If you plan to participate in 4/20 activities and consume marijuana, designate a sober driver to take you home or stay at home. Do not drive, and never ride with an impaired driver.
 
Studies have shown that THC, the active ingredient in marijuana, can slow reaction times and make it more difficult for drivers to judge distances and keep a steady position in their lane.
 
If you see an impaired driver on the road, call 911.
 
Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Man with prior DUI convictions charged again after a fatal DUI crash in Newport Beach

Posted on by Posted in Accidents, Alcohol, Costa Mesa, Crime, Newport Beach, OCDA, Public Safety 1 Comment

SANTA ANA, Calif. – A 28-year-old Costa Mesa man charged with murder for killing Richard Frost, 74, of Newport Beacha while driving under the influence had three prior driving under the influence convictions and was wanted on warrants on two other driving under the influence cases. He has also been charged in a hit-and-run that occurred shortly before the fatal collision.

Stewart Waithanji was arrested by Costa Mesa police at a nearby bar parking lot shortly after the hit-and-run collision that left the 74-year-old man dead.

Waithanji has been charged with one felony count of murder, one felony count of driving under the influence, one felony count of driving under the influence with a blood alcohol content of .08 percent or higher, and two misdemeanor counts of hit and run.

Prosecutors have asked for an increased bail of $2 million. He faces a maximum sentence of life if convicted on all charges.

Around 4 p.m. on Saturday, April 10, 2021, Costa Mesa police were called to the scene of a hit-and-run accident on Newport Boulevard south of 17th Street with witnesses attempting stop the driver from leaving the scene. Officers found an injured 74-year-old man in the street. The man was treated by paramedics and taken to a local hospital where he died.

Witnesses reported the victim was attempting to stop the driver of a silver Chevy Malibu from leaving the scene when he was struck. The driver, later identified as Waithanji, continued driving. He was arrested a short time later in the parking lot of a Los Alamitos bar.

Waithanji was wanted on a warrant on a September 2019 driving under the influence case and also on second warrant for an October 2019 driving under the influence case. He has three prior driving under the influence convictions in Iowa.

“The life of a human being is not something to be discarded and thrown away; a life is something to be celebrated, treasured, and lived to the very fullest,” said Orange County District Attorney Todd Spitzer. “Yet, a 74-year-old man was left for dead in the middle of the street, tossed aside as if he never mattered, because of the selfish decision of a stranger to get behind the wheel while intoxicated. His life may not have mattered to the driver who left him for dead, but it matters to me and it matters to the Orange County District Attorney’s Office. And we will fight for justice for him and everyone who loved him.”

Senior Deputy District Attorney Heather Brown of the Homicide Unit is prosecuting this case.

A Costa Mesa DUI driver hit a pedestrian and a car and was arrested

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COSTA MESA, Calif. (Feb. 21, 2021) — The Costa Mesa Police Department has arrested a man suspected of DUI after striking a pedestrian and second vehicle earlier this morning. 

Today, Feb. 21, 2021, at approximately 2:07 a.m., officers responded to a vehicle versus pedestrian traffic collision.  A driver in the first vehicle ran a red light going south on Newport Boulevard at 19th Street and struck a pedestrian at Harbor Blvd., then collided with a second car at Harbor Boulevard before rolling over. 

The pedestrian and the driver of the second vehicle were transported to a nearby hospital.

There are no fatalities in this incident. The driver, Herman Martinez, 22, Maywood, in the first vehicle did not suffer injuries and was subsequently arrested for DUI.

MAIT was called out and a Sig Alert was put out.

Presently, northbound Newport Boulevard is open. Southbound Newport Boulevard remains closed until approximately 10:00 a.m. 

The O.C. Sheriff’s Department awarded a DUI testing and training grant

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SANTA ANA, Ca. (November 10, 2020): The Orange County Sheriff’s Department – OC Crime Lab has been awarded a $117,000 grant from the California Office of Traffic Safety (OTS) for training and enhanced drug-impaired driving testing. The Orange County Sheriff’s Department will use the funding to facilitate the efficient testing of all blood samples collected in DUI investigations for the presence of drugs, regardless of the blood alcohol concentration (BAC).

“With illicit drug use on the rise, coupled with the introduction of fentanyl onto our streets, this type of efficient testing is a necessary tool to keep Orange County roadways safe,” said Orange County Sheriff Don Barnes. “This grant will assist Orange County law enforcement’s efforts to identify those individuals who drive while under the influence and hold them accountable for their actions.”

The prevalence of drug-impaired driving is increasing on our roadways. Based on case-derived data collected by the Orange County Crime Laboratory, more than 50% of drivers arrested for DUI in Orange County have at least one impairing drug in their system other than alcohol.

Illicit drugs and certain prescription and over-the-counter medications can cause impairment in an individual. These substances in combination with even a small amount of alcohol can cause a person to become unable to operate a motor vehicle safely.

“Drug-impaired driving is a significant problem in California,” OTS Director Barbara Rooney said. “Effective drug testing is needed to combat the rise in cases and assist in the prosecution of those who put lives at risk.”

While alcohol remains the worst offender for DUI crashes, the Orange County Sheriff’s Department reminds drivers that “DUI Doesn’t Just Mean Booze.” Prescription medications and marijuana can also be impairing by themselves, or in combination with alcohol, and can result in a DUI arrest.

Funding for this program is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Virtual “Walk Like MADD” committed to ending drunk driving, on 10/10

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As a tribute to MADD’s 40th anniversary, the California State office of Mothers Against Drunk Driving® (MADD) will host its signature event – Walk Like MADD ceremony – virtually on Saturday, October 10th beginning at 12:00 Noon on Facebook/Instagram/YouTube @MADDCalifornia.

“We ask you to join these meaningful virtual events and support our goal of #OneMADDCalifornia to end drunk and drugged driving,” said Patricia Rillera, MADD California State Executive Director. “Walk Like MADD gives victims and survivors a safe place to remember their loved ones. Innocent lives are stolen by someone else’s careless, reckless decision. There is NO justification to drive impaired – it is a violent crime that leaves scars for life on everyone involved.

Timing for the virtual walk is significant because of the number of DUI related deaths and injuries in the media lately – during a pandemic.”

Along with many others, every single one of these deaths are one hundred percent preventable and heightens the need of MADD’s Campaign to Eliminate Drunk Driving® to address the ripple effects of driving impaired. With all the options available today — rideshare apps, such as Uber, taxis, public transportation or family and friends who have not consumed alcohol — there’s no excuse to drive while impaired.

In 2018, 1,069 people in California were killed in drunk driving crashes. More than 10,000 lives end every year due to this crime. Stopping this starts with every one of us. In fact, two in three people will be involved in a drunk driving crash in their lifetime.

If you would like more information regarding Walk Like MADD virtual walk event, please visit your local area to register, donate, or get more information. You can complete your 5k by walking or running in your own neighborhood, community and parks anytime from October 3rd- October 10th. Walkers and runners should post videos and pictures of their 5k and tag @MADDCalifornia on Facebook or Instagram.

When: Saturday, October 10, 2020

Where: To view the event, simply login to your social media accounts or via link provided below.

Facebook / Instagram @MADDCalifornia
YouTube @MADDCalifornia

The Garden Grove police cracked down on street racers this weekend

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Over the weekend, Garden Grove Police Department Motor Unit and patrol officers tackled the issue of street racing, in addition to their ongoing DUI enforcement efforts.

‪Saturday evening started with street racers congregating at City Park (Euclid St and Main St). Motor officers saturated the area, wrote numerous citations and impounded a vehicle. Later that night, they received information of another gathering of approximately 400 cars and 1000 people at the corner of Euclid St and Katella Ave.‬

‪GGPD officers maintained a position on the Garden Grove side to monitor and ensure the racers did not enter their city. Approximately 10-15 racers decided to cross into Garden Grove and began doing donuts in the parking lot area. GGPD officers assisted outside agencies with dispersing the crowd, then arrested one subject and impounded his vehicle.‬

On Sunday, officers were dispatched to the parking lot at the corner of Euclid St. and Westminster Ave. regarding a large gathering of street racers. They were able to disperse the crowd of over 500 cars and 1,500 people, and issued numerous citations.

In total, GGPD had two DUI arrests, multiple street racing arrests, six impounded vehicles, and over 80 citations for vehicle and alcohol violations.

A DUI driver crashed into police motorcycle at a DUI checkpoint in Fountain Valley

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On Saturday, August 22, at approximately 1:17 a.m (4+ hours after the Fountain Valley Police DUI checkpoint began), Evan Nguyen, a 25-year-old resident of Anaheim, drove right into the checkpoint, which was set up near Brookhurst and Edinger in Fountain Valley, according to the F.V. Police Dept.

Nugyen advanced his vehicle approximately 50 feet past the huge “DUI CHECK POINT AHEAD BE PREPARED TO STOP” sign. He then collided with a parked police motorcycle.

Nguyen was immediately contacted by FVPD Officers and detained. Nguyen was impaired and had narcotics in his pocket.

Nguyen was arrested for VC 23152(a)/(b) – DUI over .08% BAC and HS 11377(a)-possession of narcotics. (20-27330) @ Fountain Valley, California.

The results of the checkpoint were as follows:

– 1,061 vehicles passed through the checkpoint.
– 554 drivers were contacted.
– 9 drivers were evaluated for DUI.
– 1 driver was arrested for DUI (cite/release).
– 5 drivers were cited for being unlicensed.
– 4 vehicles were towed at the end of the checkpoint.

A DUI suspect was arrested after a wrong way crash in Costa Mesa involving 8 vehicles

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The Costa Mesa police arrested Fernando Rodriguez Rabago, 24, whose last known address was Whittier, after an 8-vehicle traffic collision that occured at 19th and Newport Bl. in Costa Mesa on Monday, July 27, at about 10:48 a.m., per the Costa Mesa Police Twitter account.

Rabago was seen driving the wrong way on Newport Blvd.

Five people injured including a minor and several were transported to local hospitals for treatment. One person had to be freed from the wreckage of a disabled vehicle, according to the O.C. Register.

Rabago was arrested on suspicion of driving while intoxicated.

A police pursuit of a suspected drunk driver ended in Santa Ana last night

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You might be wondering why six helicopters were hovering over north Santa Ana last night. Turns out that a high speed police pursuit of a suspected drunken driver, that started in Anaheim, ended in Santa Ana.

The incident began when Anaheim police officers responded to a suspicious vehicle call in a parking lot in the 5700 block of La Palma Avenue, just east of Imperial Highway, at about 9:20 p.m., and the driver rammed into at least one of the officers’ vehicles, then fled, prompting the pursuit, according to the O.C. Register.

The suspect, accused of ramming into two Anaheim Police Department vehicles, was driving what appeared to be a blue Chevy Avalanche. After allegedly hitting the vehicles, he fled the area, according to ABC News.

The suspect was very reckless as he drove at speeds that at times exceeded 100 mph while traveling on the southbound Orange (57) Freeway and both the eastbound and the westbound Garden Grove (22) Freeway.

The pursuit finally ended as the suspect exited the eastbound Garden Grove Freeway at Grand Avenue about 10:20 p.m. and he pulled into a gated apartment complex. The suspect then stopped the vehicle, stepped out and surrendered to the police officers. He is now in custody and is surely facing many felony charges.

A 19-year-old DUI driver was arrested after crashing into the fence of an O.C. jail early today

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At about 3:30 a.m. this morning, a 19-year-old crashed her car into the entrance gate of the James A. Musick jail facility, according to the O.C. Sheriff’s Twitter feed.

The unidentified female driver was arrested on suspicion of driving under the influence and booked into OC jail.

A brown Range Rover suffered front-end damage near the guard-shack building of the jail, at 13502 Musick. A metal gate was also bent and knocked to the ground, according to the O.C. Register.

The suspect was not booked into the jail she crashed at. The Musick facility temporarily stopped housing detainees as of July 18 while the department makes changes to its jail operations and builds new facilities, according to ABC News.

The Sheriff’s Department posted “We are grateful no OCSD personnel were injured in this collision. While this damage can be fixed, we know that’s not always the case with DUI collisions. Losing a loved one or friend is irreparable. Please always designate a driver or coordinate a ride.”