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)

In Garden Grove, Orange County, taggers will now be fined up to $1,000 for possession of graffiti instruments. The city will even make parents pay, if the tagger is a juvenile. The issuance of these citations will be starting March 1st. According to the Orange County Register, City Manager Matt Fertal said administrative fines are a “tried and tested tactic for Garden Grove.” In the recent past, citations for illegal fireworks proved to be very effective after a city ordinance was passed allowing law enforcement to issue administrative citations to those shooting off illegal fireworks. Fertal also notes that the fines are a quicker more efficient way to handle these less serious offenses. Money collected from these fines will help pay for wiping out all the graffiti that’s already been done. In other Orange County cities, taggers face criminal prosecution (and suspension of their license if convicted) in the court system rather than administrative fines, so Garden Grove taggers should count themselves lucky. (See also Penal Code Section 594, Vandalism and Penal Code Section 594.2, Possession of Vandalism Tools).