Authorities have arrested a suspect in the Halloween hit and run that left three teenagers dead last Friday, October 31, 2014.. The incident occurred on Friday at around 7:00 p.m. at the intersection of Grand Street and Fairhaven Avenue in Santa Ana, California. Twins Lexia and Lexandra Perez were crossing the street with their friend Andrea Gonzales when they were hit by a car. The driver left the scene and police later found the car at a parking lot. The Honda CR-V had front end damage; the police do not know if the driver had been under the influence at the time of the accident. They did know that there were passengers in the Honda. Later that weekend on Sunday, police made several arrests but only kept the suspect, Jaquinn Bell. His mother, half-sister, daughter and son were arrested, but only he was held and charged with a felony hit and run charge (Vehicle Code Sections 20001 to 20003). Currently he is facing an additional charge of voluntary manslaughter and looking at up to 17 years in prison. (Penal Code Sections 192, 192.5 and 193).

Bell has a record in Orange County for driving related offenses. In 2009 he was charged with DUI and driving with a suspended license. In August of this year he was convicted of a misdemeanor hit and run and driving under the influence and was sentenced to 10 days jail. His license has been suspended since October. Felony Hit and Run causing death can cause a person to be sentenced for up to 4 years in prison.

Notably, the actual accident which caused the death of the children is NOT the crime in this instance; the crime is leaving the scene. Many accidents occur with the unfortunate result of people dying but that does not make it a crime. Making a mistake also known as simple negligence that results in someone dying is not a crime and is usually handled through the insurance companies like any other car accident as a civil matter.

Oftentimes people flee the scene of the accident because they are under the influence. In that case, if the authorities find them to have killed someone, while under the influence, they can also be sentenced to state prison. Importantly, people with prior convictions for drunk driving who commit another drunk driving offense and kill someone may now be charged with murder under the Watson Rule, referring to the case of People v. Watson. A conviction in that instance can lead to a sentence of 15 years to life.

In California, an individual can be charged with manslaughter if their conduct, while not intentional, was so reckless as to amount to criminal negligence. Criminal negligence is acting without a reasonable regard for human life or indifference to the consequences of that act. In this matter Mr. Ocampo is alleged to have run a stop sign and run into the victims’ vehicle.

Vehicular manslaughter charges (Penal Code Section 192(b)) can be alleged in two different ways: The first way is that a person may be not have broken any law or traffic infraction but may have been doing something legal (driving down the street) but still acted with criminal negligence (not paying attention to what is in front of him). In so doing he might run over a child who was in the street in plain view. This could lead to a charge of vehicular manslaughter.

The more commonly prosecuted case is when a person breaks a vehicle code section like the drunk driving law, speeding law or as is the situation here, run a stop sign. Any violation of the law which led to the death of someone can be the basis for a vehicular manslaughter charge if the death of the victim was a necessary and probable consequence of breaking that law or infraction.

In this case, the Prosecution may be hard pressed to show that running a stop sign is something that the Defendant should have known directly, naturally and probably would result in death. For example, what if the Defendant is very familiar with the area and the stop sign is in a remote place with little traffic? In that situation he could argue the deaths of these individuals was not a probable consequence. On the other hand, someone who drives on the freeway drunk would probably be seen as acting sufficient recklessly to be found criminally negligent. Vehicular manslaughter carries a maximum sentence of 6 years in prison.

Hit and Run (Vehicle Code Sections 20001-20003) involves any situation where the Defendant has an accident and fails to remain at the scene and exchange information with the other party OR fails to call the authorities to report the matter. Generally speaking an accident must be reported within two hours. Most Hit and Run cases are misdemeanors as they involve property damage only. However, an individual who flees the scene after killing people in a vehicular manslaughter situation faces an additional 5 years in prison if he does not stay at the scene to talk with authorities and render aid to the victims if possible. The idea being that the victims of the crime may benefit from the Defendant calling authorities and/or the ambulance and otherwise rendering aid.

Criminal Law Updates the Law Offices of Orange County Criminal Defense Attorney William W. Bruzzo (714) 547-4636.

Related Articles

• Fatal Santa Ana hit-and-run suspect charged, pleads not guilty (abclocal.go.com)
• Suspect Accused In Double Fatal Hit-And-Run In Santa Ana Surrenders (losangeles.cbslocal.com)

The Orange County District Attorney has been resolving criminal cases by having the Defendant give their DNA in exchange for dismissals of usually minor cases.

This program in Orange County has only been in effect for the last couple of years and had generally been very beneficial to Orange County Defendants facing minor criminal charges such as ‘hit and run’ and ‘petty theft’ in that they can get the case dismissed by offering to give their DNA.

DNA of course refers to Deoxyribonucleicacid which is a macromolecule that exists in every living thing. Because DNA is unique to each person it is used by law enforcement as a means of identifying individuals who may be involved in a crime. If police find a strand of hair, drop of blood or other bodily substance at a crime scene they can test the substance against DNA samples in nationwide data bases. If the person who left the DNA at the crime scene is in the data base then the police will have a ‘hit’ and can investigate that person as someone of interest. Law enforcement can use the presence of DNA to put a particular person at a particular place or in the case of sexual assault cases, the DNA present in semen or other bodily fluids can be used to determine who committed the crime.

DNA has proven to be a very useful tool for law enforcement, as such Tony Rackauckas the Orange County District Attorney, implemented the DNA for dismissal program as a way to build up a local Orange County DNA base which will interface with national data bases.

Some people are hesitant to give their DNA for fear of being mistakenly accused of a crime by some glitch in the system. However, experts say that DNA is like a fingerprint only much more reliable in its uniqueness to each individual. In addition, it is rare that an individual is charged or convicted with DNA alone; usually other evidence is produced to show the likelihood of the individual being present at the scene in addition to the DNA.

DNA has most famously been used to exclude people from having committed crimes. The media reports numerous instances where individuals who were convicted of crimes and already served long sentences are suddenly freed because DNA testing showed that someone else was the culprit. For example, evidence from rape cases that occurred before DNA testing was available can be subject to DNA testing if the court allows the matter to be reopened. Many individuals have been freed because of DNA testing done after the person was sentenced and convicted.

Everyone should be advised however, that once their DNA is in the data base and they subsequently commit a crime their chances of being discovered are much greater.

The holiday season is a good time to talk about hit and run violations. You might wonder why someone would commit a “hit and run”. Sometimes the accused party is afraid, not thinking straight, might be uninsured, might be driving under the influence, might be driving without a license, or they might even believe that since no-one witnessed the event…no harm, no foul. In today’s world of cell phones, flip video cameras, intersection cameras, security cameras…it is pretty hard not to have your actions captured on film. In California a hit and run charge is serious(Vehicle Code Section 20002(a))and you should always seek legal counsel.

Here is a testimonial from one client who faced a six month jail term. Solutions are possible with good representation.

“I was charged with one count of hit and run (Vehicle Code Section 20002(a)) for causing more then $5,000.00 in damages then allegedly leaving the scene. I could have faced up to 6 months in jail I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the judges, courts and the district attorneys in Orange County. Mr. Bruzzo spoke with the District Attorney but felt he could get a better deal so he turned to the Judge and in the end negotiated a civil compromise (Penal Code Section 1377) whereby the victim was compensated and the case was DISMISSED. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. Also, this case could have been filed as a felony yet remained in the misdemeanor court. As such, I would enthusiastically recommend Mr. Bruzzo for any criminal matter.”
~~ MH, December 1, 2009

Every hit and run case will have a slightly different outcome for the accused. Seeking legal representation or not can mean the difference between home confinement versus prison for a hit and run violation. Today we bring you a new testimonial from our client accused of four felony counts and facing a five year prison sentence.

“I was charged with felony hit and run (Vehicle Code Section 20001(a)) and three additional counts of felony reckless driving (Vehicle Code 23105(a). [Maximum Prison time of 5 years] I was alleged to have driven in a reckless manner injuring my four passengers and then left the scene. The District Attorney initially wanted to send me to prison. I hired Attorney William Bruzzo to represent me in this matter as I know he is an excellent attorney who fights for his clients. Mr. Bruzzo fought very hard for me with the result that I got the felony hit and run (Vehicle Code Section 20001(a) DISMISSED; I pled guilty to one count of reckless driving (Vehicle Code Section 23105(a) and I was permitted to do my time on home confinement. This was a very good result and I am very grateful to Mr. Bruzzo. I would enthusiastically recommend him for any criminal matter.” ~~ KA 11/13/2009

Have you ever been involved in a hit and run accident? Have you ever witnessed a hit and run accident and wondered what to do? A hit and run occurs whenever there is an accident and the individual leaves the scene of the accident without exchanging information with the person they hit or contacting the police. Notably, even if you hit an innate object like a lamppost or a guardrail you should make a telephone report to the police to advise them of what occurred.

If you are accused of a ‘hit and run’, then you should seek legal representation. Mr. Bruzzo has been successful in defending hit and run cases in Orange County CA. Here is one client’s experience.

“I was charged with three counts of hit and run (Vehicle Code Section 20002) for striking three different vehicles and leaving the scene. I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the courts and the district attorneys in Orange County. In the end Mr. Bruzzo was able to negotiate a disposition where the District Attorney agreed to DISMISS THE CASE after I took a class. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. I would enthusiastically recommend Mr. Bruzzo for any criminal matter.” ~~RV 08/12/2009

The LA Times and Orange County Register report that the Orange County crime lab and new DNA database will be reviewed in order to examine if there is a level of bias and to check productivity. John Moorlach a member of the Board of Supervisors commented that “if we’re doing all right they way it is, that’s great to know”. The Sheriff, District Attorney and County Executive Officer are in charge of the crime lab. The District Attorney is in the processes of compiling its own DNA database which it sends to a private laboratory. The DNA is being collected from non-violent offenders as part of their dismissal deal. The idea is that if the person becomes a repeat offender any evidence gathered at a crime scene can then be compared to the database and provide a future match. The District Attorney has also presented a plan to the Board of Supervisors for a DNA collections vehicle which can be used during emergency situations. After a disaster the DNA can be used to identify victims the DA explains. The review coincides with a report from the National Academy of Science which discusses the potential bias of the crime lab since it is run by a police agency.

Some defendants hesitate and even request to be excluded from this DNA requirement. However, the majority of Defendants benefit as they usually receive a dismissal if the District Attorney and the Defendant’s attorney negotiate an agreement whereby the Defendant will submit DNA. Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636. Mr. Bruzzo represents defendants on all criminal law matters to include Penal Code Section 488 (Petty Theft), Vehicle Code Section 20001(a) (Hit and Run) and Health and Safety Code Section 11377(a) (Possession of a Controlled Substance).