As reported by Record Net from Stockton, CA, a man has been found guilty of second-degree murder in a 2010 DUI-fueled crash. The man, B.S, had failed to complete a DUI course and had a suspended driver’s license from an earlier DUI charge – factors that prompted the murder charge.
In a Stockton courtroom, B.S., 31, dropped his head down and cried as he heard the jury’s verdict.
B.S. killed 18 year-old student, D.L., in a wreck on West Lane Road just south of Lodi.
A friend of the deceased, L.L., told reporters, “It's been a long time. It's about time we finally have justice for her.”
B.L., D.L.’s mother, has fond memories of her daughter – a volleyball player at San Joaquin Delta college and honor queen in Job’s Daughters – and called her “our queen.”
On June 12, 2010, D.L. was driving with two others after leaving a Job’s Daughters installation dance at the Lodi Masonic Lodge. B.S., was coming from a similar celebratory event – where alcohol was served – a birthday party in the park for his five-year-old daughter.
As both vehicles traveled in the same direction on West Lane, prosecutors argued that the Honda driven by B.S. swerved into the Oldsmobile that D.L. was driving. The impact sent D.L.’s car into a spin that she was unable to control.
D.L. crashed into a light pole and perished, her two passengers survived their injuries.
The reason B.S. was charged with DUI murder was due to the fact that it was his second DUI conviction. Coupled with that, B.S. had failed to complete a DUI course and proceeded to operate his vehicle under a suspended license.
The speed of B.S.’s Honda was determined to be between 95 and 109 mph just before the crash, according to San Joaquin County Deputy District Attorney Michael Rasmussen, and his blood alcohol percentage was 0.21.
Jerry Schultz, the attorney representing B.S., said that his client drove only 68 mph in a 55 mph area. Schultz further claimed that though his client admittedly drank all day, he was not impaired by alcohol at the time of the crash.
B.S. has four daughters. Family members spoke of him in court as a hard working family man.
Schultz also stated that D.L. was using a cellular phone while driving, and it was her own distracted driving that caused her car to veer into B.S.’s lane.
But was Rasmussen was able to successfully argue that CHP reports clearly showed that the collision was caused by B.S.
The jurors took three days to deliberate before handing down their decision. They found B.S. guilty of second-degree murder, gross vehicular manslaughter while intoxicated, hit-and-run resulting in injury or death, driving under a suspended license and driving under the influence causing injury to two passengers.
On May 7 B.S. is scheduled for sentencing.
Charges of DUI, DWI, OUI or OWI require that you contact a DUI attorney immediately. Only an attorney versed in DUI cases can help you avoid the loss of driving privileges, fines and jail time.