DUI suspect ID'd as Sacramento man

A man arrested on suspicion of DUI on Tuesday following a fiery crash in Vacaville was identified Wednesday as Sacramento resident Jericho Lopez, 28.
Authorities said speed, as well as alcohol, contributed to the crash.

Events unfolded around 7:40 p.m. as a California Highway Patrol officer saw a silver-colored Volkswagen Golf speeding west on Interstate 80 near I-505 south. It swerved through the lanes and reached speeds in excess of 100 mph, officials said.

As the car approached the Davis Street offramp and again attempted a lane change, officials said, it clipped a Honda CRV driven by Kristi Mergenthaler, 25, who was traveling from Oregon to Marin County. The Honda skidded into the center divider as the Golf, driven by Lopez, struck a sound wall on the freeway shoulder and burst into flames. The pursuing CHP officer pulled Lopez from the wreckage, officials said.

Lopez was taken to the University of California, Davis, Medical Center in Sacramento with a complaint of pain and was subsequently arrested on suspicion of DUI.

Mergenthaler refused medical treatment.



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Sacramento Dad Killed, Family Injured in Suspected DUI Crash in Roseville

ROSEVILLE, CA - A Sacramento father was killed, his wife and son injured and a Roseville man faces DUI charges following a head-on crash in Roseville early Sunday, according to the California Highway Patrol.

The crash happened on Baseline Road just west of Fiddyment Road around 1:15 a.m. Sunday, Auburn CHP spokesman David Martinez said.

Martinez said a Cadillac being driven by Julian Martinez, 40, of Roseville was traveling eastbound when the vehicle veered into the westbound lane and hit a Ford Windstar head on.

The driver of that car, Manuel Espinoza, 65, of Sacramento, was killed. His wife Enedina, 61, suffered minor injuries, while the couple's son, David Espinoza, 27, was taken to Sutter-Roseville Medical Center with major injuries.

Julian Martinez told officers that he fell asleep behind the wheel before the crash, Martinez said. Julian Martinez was arrested and was expected to face felony DUI and manslaughter charges. He is scheduled to be arraigned Nov. 3 in Placer County Court in Auburn.


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Kings Forward Andres Nocioni Released From Jail After DUI Arrest

SACRAMENTO - Sacramento Kings forward Andres Nocioni has been released from the Sacramento County Jail after being arrested on DUI charges early Thursday morning.

Nocioni's vehicle was pulled over by Sacramento Police around 2:00am Thursday near the section of 9th and L Streets in Sacramento. Officers say they detected a strong odor of alcohol in Nocioni's vehicle and ask him to take a breathalyzer test.

It's unclear what Nocioni's blood alcohol level was.

Nocioni was seen leaving the Sacramento County Jail after posting bail shortly after 9:00am. Despite persistent questions from the media, Nocioni declined to comment.

Sacramento Kings Operations President Geoff Petrie said the organization was "extremely disappointed in the poor judgment which led to the driving under the influence arrest of Andres." Nocioni also apologized for the incident, saying it was a mistake and a lapse in judgment.

"As far as I'm concerned: Stupid, stupid, stupid," FOX40 Sports Director Jim Crandell commented on the FOX40 News at 11AM. "There is absolutely no reason to go out and drink, and then get in a car. Now, Nocioni has himself in a heap of trouble."

Nocioni is not the first member of the Sacramento Kings to find himself in a heap of trouble. In 2006, Sacramento Kings former coach Eric Musselman was arrested after driving with a blood alcohol level of over .11%, above the legal limit of .08%. Musselman was asked to pay $1900 in fines and spent three years on probation.

In October 2007, Sacramento Kings Center Justin Williams was accused by a woman of sexual assault. Following a lengthy investigation, the Sacramento County District Attorney's Office announced they would not seek charges.

Sacramento Kings player Ron Artest found himself in the center of an animal abuse scandal when the Placer County District Attorney's Office said dogs belonging to Artest appeared neglected. Artest was suspended for seven games of the 2007 season after pleading no contest to a related misdemeanor domestic violence charge.

The Sacramento Kings lost to the Atlanta Hawks Wednesday night 105 to 113 at Arco Arena.



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Repeat DUI offenders deserve Three Strikes, lawmaker says

SAN MATEO — Not long after a San Mateo County man with a valid driver's license was sentenced to two years in jail for his ninth drunken-driving conviction, a Bay Area legislator has called for a rule that would automatically revoke the licenses of motorists who are repeatedly over the limit and behind the wheel.
"It's incredible that in the state of California that we have not set an upper limit where enough is enough," said state Sen. Leland Yee, D-San Mateo. "I don't know how judges would allow this person to drive after so many DUIs."
According to the most recent Department of Motor Vehicle statistics, drunken driving killed 1,489 people and injured another 30,783 in 2007.
But as long as motorists do not hurt or kill someone while driving drunk and complete court-ordered penalties, they can try to get back their driver's licenses — even after multiple convictions, said Department of Motor Vehicles spokeswoman Jan Mendoza.
William Simon, 42, of Burlingame, had eight DUI convictions before he stumbled past two California Highway Patrol officers having coffee at a Starbucks in San Mateo in January. The officers had watched the man drive into the parking lot about 7 a.m. through an exit and then park his car crookedly. They questioned Simon and later arrested him when they realized his blood alcohol level was .21, nearly three times the legal limit of .08.
The San Mateo County Times obtained a copy of the man's driving record Oct. 30, but DMV officials were unavailable to explain how Simon had a valid license after eight drunken-driving convictions.
Simon's nine DUIs are unusual and, according to state records, he might be the only man with a valid license to have gotten that many convictions in the past 10 years.
But there are plenty of drivers who have multiple arrests. According to DMV numbers from 2006, the most recent available, 5,335 drivers who had racked up four drunken-driving convictions in the past 10 years still had valid licenses. The more DUIs a person has, the more likely he is to get arrested again, according to a DMV report.
For motorists with one to three drunken-driving charges, it is relatively simple to get back their driver's licenses. They have to pay a fine up to $1,000, take a class on the dangers of driving under the influence and possibly serve jail time. First-time offenders lose their licenses for four months and a third-time offender is without driving privileges for three years.
The hurdles for repeat offenders increase as the person's number of convictions grow. Four drunken-driving charges in a decade translates into at least four years without a license and five if someone gets hurt, said San Mateo County deputy district attorney Peter Lynch.
The offender must also pay higher insurance rates and a judge might order him to install an ignition interlock device on his vehicle. That device forces drivers to blow into it before they can turn on their car. If the driver is over the limit, the vehicle won't start.
"A lot of them just never get all of that done," Lynch said, referring to people with multiple convictions.
Mendoza said authorities can revoke the license of a repeat offender that they believe is an alcoholic. However, because alcoholism is considered an illness and medical privacy laws prohibit the release of a person's records, it is not clear if Simon was considered for this type of revocation.
Yet multiple offenders still get back their driving privileges. According to DMV statistics,y67 1,169 licensed California drivers had five or more DUI convictions in 2006.
"We're talking about issues where there is a human life at stake and yet we don't have a law," said Beverly McAdams, director of the Bay Area chapter of Mothers Against Drunk Driving. "We have a Three Strikes Law for much less serious offenses."
Yee said he will look into the problem, but admitted a Three Strikes-type law that would automatically revoke the license of multiple DUI offenders could be difficult to pass and any change is likely to be years away.
"The judges and prosecutors hate us meddling with their discretion," he said.
Victims' right advocates point to a pilot program that takes effect in July in Alameda, Los Angeles, Sacramento, and Tulare counties that will make it harder for those already convicted of drunken driving to do it again.
McAdams said a bill signed into law in September requires people convicted of DUI, even first-time offenders, to have an ignition interlock device put on the car they own or drive in the four counties taking part in the pilot program.
Authorities said the law could reduce the number of people that drink and drive, even when they don't have a license.
"People who lose their license continue to drive," McAdams said. "We have to physically keep these people off the road."


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Stallworth sentenced to month in jail

MIAMI -- Cleveland Browns wide receiver Donte' Stallworth began serving a 30-day jail sentence Tuesday for killing a pedestrian while driving drunk in Florida, a punishment made possible by his cooperation with investigators and the fervent wish by the victim's family to put the matter behind them.

Stallworth, 28, received the sentence after pleading guilty to a DUI manslaughter charge for striking and killing Mario Reyes while driving drunk March 14 in his black 2005 Bentley. The athlete also reached a confidential financial settlement with the family of the 59-year-old construction worker.

Without the plea deal, the DUI manslaughter conviction could have netted Stallworth 15 years in prison. After his release from jail, he must serve two years of house arrest and spend eight years on probation. The house arrest provisions will allow him to resume his football career, his attorney said.

NFL spokesman Greg Aiello said the league is reviewing the matter for possible disciplinary action. Stallworth could face suspension without pay for some games this year.

Leonard Little of the Rams pleaded guilty to involuntary manslaughter after he hit and killed a woman while driving drunk in 1998 and served an eight-game suspension, though the punishment was doled out when the league was a bit more lenient.

The Browns also said they were evaluating the situation, saying they were "very conscious of the seriousness of the charges" to which Stallworth pleaded guilty.

Stallworth's attorney, Christopher Lyons, said the financial settlement was only one factor in the plea agreement. He noted that Stallworth stopped immediately after the accident, called 911 and submitted to roadside alcohol testing despite spending most of the night drinking at a swanky Miami Beach hotel.

"He acted like a man," Lyons said. "He remained at the scene. He cooperated fully."

Stallworth told Miami-Dade Circuit Judge Dennis Murphy that he hopes to get involved in drunken driving education programs.

"I accept full responsibility for this horrible tragedy," said Stallworth, who was accompanied at the hearing by his parents, siblings and other supporters. "I will bear this burden for the rest of my life."

Stallworth also must undergo drug and alcohol testing, will have a lifetime driver's license suspension and must perform 1,000 hours of community service. Lyons said after five years, Stallworth could win approval for limited driving such as for employment.

Miami-Dade State Attorney Katherine Fernandez Rundle echoed Lyons in citing Stallworth's lack of previous criminal record, cooperation and willingness to accept responsibility as factors in the plea deal. Rundle also said the Reyes family -- particularly the victim's 15-year-old daughter -- wanted the case resolved to avoid any more pain.

"For all of these reasons, a just resolution of this case has been reached," Rundle said.

None of the Reyes family attended the hearing. Their attorney, Rodolfo Suarez, read a statement saying the family wants to "bring closure to this emotional and tragic event." Suarez did not respond to an email seeking comment.

After a night drinking at a bar in Miami Beach's Fountainebleau hotel, police said Stallworth hit Reyes, a construction crane operator who was rushing to catch a bus after finishing his shift around 7:15 a.m. Stallworth told police he flashed his lights in an attempt to warn Reyes, who was not in a crosswalk when he was struck.

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OCEANSIDE: CHP commander retires after 37 years

OCEANSIDE -- Capt. Dave Webb's biggest challenge as commander of North County's California Highway Patrol office came early on. Within 18 months of his assuming the role in early 2000, two officers were killed by motorists on Interstate 5, devastating his squad, he said.
Slowly, the pain subsided.
"You get through it eventually -- you never forget them," said Webb, 60, who retired Monday after 37 years with the CHP and the last nine as commander in Oceanside.
Nearly a decade later, Webb knows the day and location they each died.
CHP Officer Sean Nava was struck and killed on duty Oct. 28, 2000, while at an accident scene near Tamarack Avenue in Carlsbad. Officer Steven Linen was also struck and killed while on duty near Leucadia, on Aug. 12, 2001.
No other North County CHP officers have died under Webb's watch. There have been, however, several major injury crashes involving his officers, and numerous civilians killed on local roadways, Webb said.
"Since I've been here, hundreds have been killed, unfortunately," the Vista resident said. "It's not like a plane crash. It doesn't happen all of a sudden."
Death and injury remain a constant for CHP officers, the commander noted. The state job is the sixth most dangerous nationwide among law enforcement agencies for on-duty deaths, he said.
Webb credits a strong and skilled staff of 82 patrol officers and 20 support staff for brightening his job and keeping motorists safe.
The North County patrol officers cover roughly 1,000 square miles, from the northern San Diego city limits to Riverside County and from the beach cities east to Valley Center.
He cited the Highway 76 corridor east of Interstate 15 as one that's quickly become among the most dangerous in the region. Nine fatal wrecks have taken place in the Valley Center and Pauma Valley areas this year alone, he said, adding several were on or near the 76. That's one-third of the total fatal wrecks for the North County, Webb said.
A state DUI enforcement grant will bolster patrols in that area in August, he said.
Webb plans to stay in his Vista area home once he retires. He and his wife of nearly 40 years, Bernadette, have three grown children and eight grandchildren. The commander said he hopes to see more of all of them in retirement.
Reflecting on his career with the CHP, which began with patrol duty in Blythe and led to stints as an academy training officer and later as head of internal affairs for the agency in Sacramento, Webb said he'll miss the people the most.
"I've had a great career. I don't have regrets," Webb said. "It's a really good squad here, really good people."

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California Supreme Court rules unanimously to balance the scales of California drunk-driving defense.

In a ruling late last week, the California Supreme Court found that California drunk-driving defendants are now entitled to challenge blood-alcohol findings based on the inaccuracy of breathalyzer results. This ruling effectively weakens many prosecutorial cases by allowing the DUI defense to "rebut the presumption that he was under the influence".
Following recent rulings in other states, the California Supreme Court found the formula for converting breath to blood-alcohol levels to be inaccurate in many cases. Factors including medical condition, gender, temperature, the condition of the device itself, even atmospheric conditions may all be taken into account when defending against a drunk-driving charge.
Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a breathalyzer test (refusal can result in automatic suspension of driving privileges). Alcohol levels in a breath sample are converted mathematically to determine BAC. In California, a person is legally too drunk to drive when his/her blood-alcohol level is 0.08% or higher.
"The question is whether a defendant who has a blood-alcohol concentration of 0.08% or more measured by breath is entitled to rebut that presumption that he was under the influence" Justice Carol A. Corrigan wrote. The court's answer to that question was an overwhelming "Yes".
"Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing," Corrigan also wrote.
To determine whether this new ruling could impact the outcome of your drunk-driving case, consult an experienced DUI attorney.

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Taylor lifts Mercury past Storm in OT

SEATTLE -- Penny Taylor scored seven points of her 18 points in overtime, including a key 3-pointer with 1:03 remaining, to lift the Phoenix Mercury to a 101-90 over the Seattle Storm on Tuesday night.

Diana Taurasi scored 19 points to lead Phoenix (16-6), which has won 10 of its last 12 to take a three-game lead over Seattle in the Western Conference. Cappie Pondexter added 16 points, Temeka Johnson had 15 and Tangela Smith 14 for the Mercury, who are one of just three teams in the league with a winning road record (7-4).

Tanisha Wright scored a season-high 25 points and Camille Little had 20 to lead the Storm (12-8). Lauren Jackson added 18 points, Sue Bird had 13 and All-Star game MVP Swin Cash 12. Jackson and Cash also had 11 rebounds each.

Phoenix appeared to have the game in hand with a 74-67 lead with 6:07 left in regulation until the Storm scrambled back.

Bird converted a three-point play with 1:15 left to pull Seattle to 81-78. After a miss by the Mercury, Little hit a tying 3-pointer with 44.7 seconds left.

Taurasi made three of four free throws to give the Mercury an 84-81 lead with 16.2 seconds left. However, Bird tied it with a 3 with 5.6 seconds remaining to send the game into overtime. Referees used replays to confirm the shot was a 3-pointer.

Jackson, averaging 19.1 points per game, was held without a field goal on four attempts in the first half. Cash, second on the Storm at 12.3 points per game, had just three points in the opening half.

Wright took over the scoring load by matching her previous season high of 21 before halftime. She made 7 of 11 attempts and was 6 for 6 at the line in the half.

Phoenix took a 32-28 lead on Temeka Johnson's 3-pointer at 6:16 of the second period.

A fastbreak 3 by Bird after a turnover by the Mercury started a 6-0 run to give the Storm a 34-32 lead.

Phoenix then went on an 11-0 run, sparked by back-to-back 3s by Kelly Mazzante and Taurasi with less than 3 minutes left.

Seattle chipped its way back. Jackson scored her first points of the half with a pair of free throws with 1.37 left. She had four at the break.

Wright closed the half with a three-point play with 7.8 seconds left as Phoenix held a 45-43 lead at halftime.

The Mercury won the teams' first meeting, 93-80, on July 1 in Phoenix. A few hours later, Taurasi was arrested on DUI charges and then served a two-game suspension before the All-Star game last month.


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Police: assemblyman interfered during DUI probe

WESTMINSTER, Calif. -- A police transcript shows that state Assemblyman Van Tran was so disruptive at the scene of a Westminster councilman's arrest for drunken-driving that he was threatened with arrest himself.

The Orange County Register reported Thursday that Tran, who is running for Congress, showed up shortly after Councilman Andy Quach crashed his car on Aug. 2 in an accident that cut power to 300 homes.

Tran repeatedly told officers he was Quach's attorney and at one point distracted Quach during a sobriety test.

Quach, 27, was charged with two drunken-driving misdemeanors and had a blood-alcohol level of 0.26 percent - more than three times the legal limit.

In a statement, Tran disputed that he was disruptive and said he was concerned for Quach, who called him immediately after the accident.

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Marcos Breton: Law applies equally in Armstrong bike theft, Stallworth DUI death

The knucklehead who stole Lance Armstrong's bike in Sacramento is going to state prison for three years.
Donte' Stallworth, the Sacramento-born NFL star who killed a man in a DUI vehicular manslaughter case, is serving a 30-day sentence in a county jail.
How is that justice?
How can a man fatally strike another while intoxicated and spend only weeks in the pokey while another goes to prison for swiping a $10,000 bike?
The juxtaposition can inspire cynicism. It has the whiff of celebrity justice, sentencing by checkbook.
But you know what?
When examining the facts of each case, the mountain of moral outrage starts to crumble. The misguided culprit in the Armstrong bike caper – one Lee Monroe Crider – is getting the book thrown at him for more than stealing an expensive bike from an alley near 15th and L streets on Valentine's Day.
Dude has a rap sheet as long as one of Armstrong's Tour de France mountain treks. He's had felony convictions, multiple jail stints, two tours in state prison. He was on parole for another theft when he made off with the property of a cycling legend and cancer survivor who once dated Sheryl Crow.
"We're not going to treat someone improperly because there is a famous victim," said Steve Grippi, assistant chief deputy of the Sacramento County District Attorney's Office.
Armstrong's celebrity did shine light on a bike theft that wouldn't otherwise have been there, and probably played a role in the bike getting returned. At that point, Crider's priors got him three years in prison, though he may serve just half that.
Stallworth's celebrity also focused attention on his case. Many people, particularly in the sports media, feel he got off easily.
"So much for our justice system supposedly being blind," wrote Michael Mayo of the South Florida Sun- Sentinel. "So much for the law applying equally to all."
The law does apply equally, but the facts of each case are different.
Stallworth had no priors. He was legally intoxicated, but the Miami man killed in the incident was not in a crosswalk while crossing the street.
That would have been a challenge for prosecutors. And the victim's family was not interested in reliving his death in a trial. When a financial settlement was floated, the victim's family was open to discussion, eager to put the painful episode behind them.
Stallworth has been suspended indefinitely by the NFL. He will serve two years' house arrest after his release. He'll be on probation for eight years. He will lose driving privileges for life. He'll do 1,000 hours of community service, pay court costs and make donations to Mothers Against Drunk Driving.
Oh, and he has to live with the reality of causing the death of another person. The late Mario Reyes had a 15-year-old daughter who won't see her father again.
Stallworth will take that to his grave. No amount of NFL glory can ease that life sentence.


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Man accused in wreck that killed cyclist

CARLYLE, Ill. -- A prosecutor says he's holding off on pursuing a drunken driving charge originally filed against a southern Illinois motorist suspected of hitting and killing a Californian bicycling across the country to protest government bailouts.
Clinton County State's Attorney John Hudspeth said Thursday he has dropped a misdemeanor DUI charge against 27-year-old Leon Marcum of Centralia in the accident early Sunday that killed 65-year-old cyclist Jim Gafney of Chula Vista, Calif.
Marcum is charged with a felony count of leaving the scene of an accident. Hudspeth says he'll eventually pursue a DUI charge, but he's waiting to see whether a felony count is in order.
Marcum doesn't have a listed home telephone number. Online court records don't show whether he has an attorney.

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