Driver facing murder charge in fatal Nipomo crash had two prior DUIs, officer testifies
Morales, 23, is facing a charge of second-degree murder for Medina's death due to his prior criminal history and his past acknowledgment of what's called a Watson advisement, which means he can be charged with murder should he ever drink and drive again and someone dies as a result.
He's additionally charged with felony counts of gross vehicular manslaughter while intoxicated, driving under the influence causing injury, driving on a suspended license and driving without insurance. He's pleaded not guilty.
On the murder charge alone, he faces 15 years to life in state prison.
'I thought I was passed away'
Morales was in court Thursday for a preliminary hearing in which
Morales sat silently in the courtroom, with his family members and members of Medina's family present in the audience, occasionally glancing at his attorney while listening to testimony.
Marino heard from
Marquez testified under direct questioning by Deputy District Attorney
The
"I was talking to my mom about the party, and I saw the lights," she said. "I said, 'This pendejo's going to crash.'"
She said a roughly 4-foot embankment prevented her from swerving right off the road, so she swerved left toward the northbound lane to avoid getting hit.
It was unclear from Thursday's testimony whether Morales also swerved or continued straight, but the impact was to both cars' front passenger sides, crushing Medina's legs. Both vehicles came to rest in the roadway.
"When I feel the hit, everything went black. I thought I was passed away," Marquez said. "Once I realized I was alive, I checked on my mom."
Though she couldn't see well when she asked her mother if she was OK, she said Medina replied: "No, mija. My neck is hurting me."
A passerby called 911, and Marquez -- who missed the brunt of the impact and only suffered minor injuries to her chest and ankle --found her cell phone to call her husband. During that time, her mother continued to ask for help for injuries to her neck, legs and a broken thumb.
"I said, 'Mom, it's just a finger -- we are alive,'" Marquez said, choking back tears.
Her mother had to be extricated from the car, and arriving medical personnel immediately began CPR when she became unresponsive. Marquez waited near the ambulance.
"When I was there, an officer came and said, 'Sorry, your mom didn't make it,'" she said.
After she was pulled from the
"They were serious injuries," Fry said.
Empty beer bottle found
When the prosecution's main investigator in the case, CHP Officer
Fouts testified that an empty Corona beer bottle was found on or near the driver's seat of Morales'
Morales underwent two blood draws at the hospital. One of those came back with a 0.276 blood alcohol content, Fouts testified; it was not clear from the testimony what the results from the other test were.
She also revealed that Morales had two prior DUI convictions, and that he had sustained a brain injury requiring three weeks of hospitalization when he fractured his skull in
She testified that Morales was cooperative and agreed to talk to her without an attorney when she interviewed him two days after the crash. Fouts testified that Morales told her he had spent the night at a quinceañera himself with a friend and consumed about four 12-ounce beers over about two hours. There was some disagreement with the hosts of the party, and the two left to go to the friend's house.
The friend gave Morales coffee and told him not to drive, according to Fouts' testimony.
"I asked him, 'Do you think you should have been out there driving?'" Fouts recalled of their interview. "He said 'no.'"
She said Morales told her he was driving about 65 mph before the crash (the speed limit was 45 mph), and that he flashed his high beams when he saw the
During cross examination, defense attorney
Due to witness scheduling issues, the preliminary hearing did not conclude Thursday and is scheduled to resume
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