Recently in Santa Ana, a young man was arrested on suspicion of vehicular manslaughter as well as felony hit and run, felony DUI. Police believe that Angel Alberto Cruz Perez, 23, was involved in the incident where a two year old boy was struck and killed by the driver of a Sports Utility Vehicle (SUV).
Police identified the 2 year-old boy that was killed as Darwin Almeida. On Wednesday, Darwin’s mother was attempting to cross Fifth Street in an unmarked crosswalk in the early evening hours with her two children. She was carrying her 1-year-old daughter in an arm while holding Darwin by the hand.
The SUV struck Darwin, pulling him underneath the SUV, while the mother and the 1-year-old hit the hood of the vehicle and then fell to the ground. Darwin was taken to a hospital, where he died from the injuries.
Police tracked the SUV to a mobile-home park and found Cruz Perez, who after failing a field sobriety test, admitted to driving the SUV.
Are you or a loved one facing similar charges? You will need to speak with an experienced criminal defense attorney immediately.
If you are charged with gross vehicular manslaughter, then the prosecution will need to prove that you:
1. Drove a vehicle; 2. While driving that vehicle, you committed a misdemeanor, infraction, or otherwise lawful act that might cause death; 3. You committed the misdemeanor, infraction, or otherwise lawful act that might cause death with gross negligence; and 4. Your grossly negligent conduct caused the death of another person.
Gross negligence involves more than ordinary carelessness, inattention, or mistake in judgment. A person acts with gross negligence when: 1. He or she acts in a reckless way that creates a high risk of death or great bodily injury; and 2. A reasonable person would have known that acting in that way would create such a risk.
If you or a loved one is facing a charge of vehicular manslaughter and need to contact an Orange County DUI attorney, 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 (877) 466-5245. We will be there when you call.