The People of California v. Gerardo Sanchez

Los Angeles, California criminal defense lawyer represented the Defendant charged with two counts of gross vehicular manslaughter.



In the early morning hours following Halloween night, Whitter Police Department Officer Jim Azpilicueta saw a black car traveling at approximately 100 miles per hour. Seconds later, he heard a collision and drove toward the sound. Officer Azpilicueta and another officer arrived at the scene of the accident and saw the black car in the middle of the street, resting on the driver's side. When Officer Azpilicueta approached the car, he found Sadya Molina conscious and hanging from the front passenger seat by her seatbelt. Officer Azpilicueta cut the seatbelt and got Molina out of the car through the moonroof. Officer Azpilicueta then discovered James Espinosa inside the car and lodged between the driver seat and the back seat on the driver's side. Officer Azpilicueta also found Mayra Zarate lying inside the car and on the driver's side door (because the car was on its side). Espinosa and Zarate were neither moving nor breathing and appeared dead.



Approximately 45 minutes later, another officer conducted a collision investigation at the scene and found Sanchez on the ground near the accident next to a parked car. Sanchez's face was painted green. Paramedics transported Sanchez and Molina to the hospital. Molina suffered a fractured pelvis.



At the hospital Sanchez told a police detective that he was in the front passenger seat and that Espinosa was driving the car. A phlebotomist drew Sanchez's blood, and a subsequent analysis of the sample determined Sanchez had a blood alcohol content of .12 percent at that time.

The Defendant was found guilty.



The trial court denied Sanchez's request for probation and sentenced him to prison for eight years eight months. The court imposed a term of six years for his conviction on count 1, a consecutive term of two years for his conviction on count 2, and a consecutive term of eight months for his conviction on count 3. The court stayed execution of the sentence on count 4 and the enhancements on counts 3 and 4. Sanchez timely appealed.



Affirmed