Thread: OR: Suspect admits drinking prior to crash

Suspect admits drinking prior to crash

Published: May 24, 2008
By PAUL DAQUILANTE
Of the News-Register

Leonel Zurita-Loeza, the driver of a car that crossed the center median at a high rate of speed on Highway 99W, killing a mother of seven on Mother's Day, admitted he had been drinking beer before the wreck, according to a Yamhill County Grand Jury indictment.

He said he was test driving the car. He thought something was wrong with it, making it unsafe to drive, but decided to give it a try anyway.

The 26-year-old Portland man had a blood alcohol content of .207 when admitted to Legacy Emanuel Hospital in Portland following the crash. That's more than twice the .08 marking the presumptive level of intoxication in Oregon.

He also was in the country illegally, on a diversion from a previous DUII and running on an emergency spare rated only for 50 mph.

Zurita has been charged with one count each of first-degree manslaughter, second-degree assault, second-degree criminal mischief, reckless driving and reckless endangering, along with five counts of third-degree assault.

First-degree manslaughter is a Class A felony and second-degree assault a Class B felony. Measure 11 offenses, they are punishable by a combined mandatory minimum of more than 15 years in prison.

Third-degree assault is a Class C felony. The other charges are Class A misdemeanors.

The indictment added four counts of third-degree assault to the original charges, but dropped the DUII count.

"Sometimes we need to amend indictments," said Yamhill County Deputy District Attorney Alicia Eagan, who is handling the prosecution.

The May 11 head-on claimed the life of 21-year Dayton resident Carma Colleen Smith, 52. A mother of seven and grandmother of four, she had just celebrated her 33rd wedding anniversary.

Senior Trooper Mark McDougal of the Oregon State Police gave this account in a probable cause affidavit:

Zurita was northbound in a 1994 Ford Taurus. He said he was going 60 to 65 when he lost control in a 55 zone just north of Duck Pond Cellars, but witnesses said he was going at least 80.

The Taurus struck the grassy median, went airborne and crashed into Smith's southbound 2000 Toyota Avalon. She was pronounced dead at the scene.

Zuita's car then collided with a southbound 2003 Toyota Corolla driven by Steven J. Marcaccini, 57, of Aurora, and came to a stop in the southbound lanes.

Beer bottles, beer cans and other debris from Zurita's car were strewn over an expanse of highway and median. A license plate from his car ended up in the back seat of Smith's car - an indication of the force of the impact.

Zurita was flown by Life Flight helicopter to Legacy Emanual Hospital.

He had two passengers, neither of whom suffered life-threatening injuries. Marcaccini had three passenger, none of whom suffered injuries. Smith, a long-time rural mail carrier, was alone in the Avalon.

Zurita had a valid driver's license, but was on diversion status out of Beaverton Municipal Court on an August DUII based on a blood alcohol content of .240 - three times Oregon's standard for presumptive intoxication.

He told McDougal he had removed a flat tire the day before and replaced it with the emergency spare. He said he knew he wasn't supposed to drive very fast on the spare, which had a caution imprinted on the sidewall.

Zurita is being held in the Yamhill County Jail on $1 million bail. Immigration authorities have placed him under a federal detainer as well, due to his illegal immigration status.

He has a pretrial conference scheduled for 3 p.m. Monday, June 9. McMinnville attorney Al Hansen has been appointed by the court to represent him.

http://www.newsregister.com/news/story. ... _no=235356

Related Thread:

http://www.alipac.us/ftopict-115475.html

(Thanks for catching this one Populist. I was aware of this development about this story, but have been too busy to follow up with a post).