Santa Ana, Orange County - A recent investigation into the death of a 9-year-old boy has ended with the conclusion that the driver of the vehicle which struck and killed the 9 year-old-boy, Nicholas Vela Mortley, was not criminally responsible and would not be issued a citation.
According to the facts offered by The Orange County Register, Nicholas Mortley was riding his bicycle home from school when he was hit by a raised pickup truck in Anaheim on December 3, 2009. According to the police, the truck driver was headed west on Orangewood and made a full stop at the stop sign. The driver of the truck did not see the child (evidently, the truck in question was raised 30 inches off the ground, which met the legal limits).
Under California Penal Code Section 191 and Penal Code Section 192, Gross Vehicular manslaughter is a serious crime causing the death of another person due to illegal driving, including negligence, drunk driving or reckless driving.
California Vehicular manslaughter can be charged as a misdemeanor or a felony depending on the circumstances and seriousness of the crime. Gross negligence can be charged as a misdemeanor or felony; but if it is involved with the death of a person, it usually is charged as felony.
In California, causing the death of another human being by a vehicle is a serious criminal offense which can include liability under murder (California Penal Code Section 187), for which the requisite degree of malice needed to fulfill the elements of the crime can be express or implied (California Penal Code Section 188).
If you or your loved one have been charged or arrested for murder, vehicular manslaughter, or related felonies and/or misdemeanors in California, whether it is in Orange County, Los Angeles, San Diego, Riverside or San Bernardino, you need to seek the legal consultation from an experienced Orange County criminal defense attorney or Southern California vehicular manslaughter defense attorney to protect your rights and freedom. Orange County Criminal defense attorneys at the Law Offices of Michael L. Guisti have handled hundreds of criminal cases in both state and federal court, including murder, among many other crimes.
How can an experienced Orange County criminal defense attorney and DUI defense attorney help you in your felony DUI defense and murder defense in Southern California ?
At Law Offices of Michael L. Guisti, our attorneys have won the respect from judges, procecutors and law enforcement agents. We have the experience and resources to fight for your rights and freedom. Call our skilled Orange County Criminal Defense Attorney and Orange County DUI Defense attorney at Law Offices of Michael L. Guisti at 714-530-9690 or visit us at www.topcalifornialawyer.com
