Trial Underway in DUI Gross Vehicular Manslaughter Case CA Penal Code 191.5

The trial has begun over the death of a California Highway Patrol officer at the hands of an alleged intoxicated driver in 2010. Rafael Garcia, age 20, is charged with gross vehicular manslaughter while intoxicated with marijuana, but claims he simply fell asleep.

What is not in dispute in the case is that Garcia struck and killed 28-year-old officer Justin McGrory. The defendant was driving from Los Angles to Las Vegas in the late night hours of June 27, 2010 when ahead appeared a CHP vehicle on the side of the road. McGrory was in the process of citing a driver when suddenly Garcia drifted to the shoulder and slammed into him, sending him over 300 feet through the air.

McGrory’s partner frantically attempted to administer CPR, but the victim died at Apple Valley’s St. Mary Medical Center shortly after being airlifted there. Garcia admitted at the time to having smoked marijuana. Officers found over 2 ½ ounces of the drug in his vehicle. He tested positive. Garcia was also charged with transportation of marijuana and child endangerment. A child was present in his vehicle when he hit the officer.

Defense counsel argues that Garcia should be punished for hitting the officer. However, they maintain that the defendant was not under the influence at the time of the accident, claiming that six hours had passed since smoking the drug. Rather, they claim that Garcia was merely tired and fell asleep at the wheel. If he is convicted on all charges, the defendant may be sentenced to as many as 14 years in state prison.

A DUI conviction can seriously damage your life. If you face manslaughter charges, as Mr. Garcia does, you could spend many years behind bars, after which it will be difficult to find substantial work or housing again. It is important to speak with an attorney who will fight for you. The DUI defense attorneys at Wallin & Klarich have spent more than 40 years working with clients. Call us today at (888) 749-0034.

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