Thread: Thanksgiving fatal hit-run results in murder charges

Thanksgiving fatal hit-run results in murder charges
Fifty gather for memorial at scene of accident; deportation hold placed on suspect
By Harry Harris, Sarah Terry-Cobo and William Brand, STAFF WRITERS
Article Last Updated: 11/27/2007 02:41:24 AM PST


OAKLAND — The suspect in a Thanksgiving hit-and-run that killed a 5-year-old girl and her 14-year-old cousin — and left her mother and her 3-year-old sister in critical condition — was charged Monday with two counts of murder, authorities said.
The suspect, Carmelo Salas, 28, is scheduled to appear in court today to enter a plea and to see if he has obtained an attorney. He is being held without bail.

Salas is facing murder charges in the death of Jaqueline Munguia, 5, and her cousin, Stephanie Cervantes, who was planning her Quinceanera, a 15th birthday celebration. She would have turned 15 on Dec. 18.

Salas also is charged with two counts of assault by means likely to produce great bodily injury, stemming from the injuries to Jaqueline's mother, Laura Herrera, 23, and Herrera's other daughter, Evalyn Munguia, 3.

Herrera and Evalyn remain hospitalized in critical condition, but are expected to recover, police said Monday. Herrera faces more surgery for an arm injury.

Meanwhile, as many as 50 people gathered Monday evening at a makeshift memorial at the accident scene.

Salvador Herrera, one of Laura Herrera's brothers, said his family is relieved that his sister and Evalyn are doing better. At this point, they have not made funeral plans and are waiting to sign papers to release bodies of Stephanie and Jaqueline.

The family members were on their way to a Thanksgiving dinner at Stephanie's house when their car was struck at 7:18 p.m.

Police said Salas fled the scene of the crash at 89th Avenue and D Street but was arrested the next morning hiding under some bed covers at his home on 57th Avenue. If convicted, he could face a prison sentence of 30 years to life, said prosecutors who filed the charges Monday.

In addition, prosecutors charged Salas with kidnapping for forcing his 17-year-old nephew to ride along with him in his Ford Expedition SUV minutes before the fatal collision. Witnesses said the vehicle was traveling in excess of 80 mph when it failed to stop at a stop sign and broadsided the Ford Mustang convertible being driven by Herrera. The speed limit where the wreck happened is 25 mph.

Salas and his nephew both fled on foot, but the nephew returned later.

The filing of murder charges in such cases is rare — the typical charge is vehicular manslaughter — but Alameda County Assistant District Attorney Norbert Chu said there is enough evidence to warrant the murder counts.

For one, authorities said, while Salas was driving, he told his nephew he was not afraid to die and if he died he would take him with him. Also, even after the nephew warned him about the victim's car, Salas reportedly kept speeding "and made no attempt to stop or avoid" the Mustang, Chu said.

"That satisfies the element of implied malice, which is necessary for the murder charges," Chu said.

About the kidnapping, Chu said Salas forced the nephew to go with him. "The nephew was frightened for his own safety," Chu said. He told police his uncle had been drinking and he knew his uncle "when drinking could become extremely volatile," Chu said.

The murder and assault counts include "enhancements" that would lengthen Salas' sentence if he is convicted. The enhancements include use of a deadly weapon — a car — and that he caused great bodily injury to Herrera and Evalyn.

Authorities lauded the nephew for returning to the scene of the collision and helping police locate Salas.

A number of people struggled with Salas as he attempted to leave the scene and bystanders managed to get his jacket and his billfold, which contained Salas' Mexican identification.

Oakland traffic officers would like those good Samaritans to contact them. They consider them essential to the case and would like to talk to them, an officer said.

Police also discovered that Salas, who worked at a San Lorenzo demolition company, was in the United States illegally from Mexico. The federal Immigration and Customs Enforcement agency has placed a deportation hold on him.

Salas has a prior conviction for driving under the influence of alcohol as well as a conviction for spousal battery, authorities said.

Herrera's family is waiting until her parents arrive from Michoacan, Mexico, to begin planning funeral arrangements.

Two of Herrera's friends, Ana Alejo

and Susie Gomez, have opened an account at Bank of America to help cover medical and funeral costs. The account is under Herrera's sister's name, Cristina Herrera. Donations may be sent to account

http://www.insidebayarea.com/oaklandtri ... ci_7569485

These children may have been here legally or illegally, it doesn't matter. They didn't deserve to be murdered.

"Police also discovered that Salas, who worked at a San Lorenzo demolition company, was in the United States illegally from Mexico."

I would like to notify ICE about the company that employed the illegal alien. Without work would he have been here?