Fatal Northridge Collision: DUI Vehicular Manslaughter Charges After Off-duty LAPD Officer and Passenger Killed
The Incident:
A tragic collision occurred on Saturday, November 4, around 1:15 a.m. at the intersection of Roscoe Boulevard and Lindley Avenue in Northridge, resulting in the deaths of an off-duty LAPD officer and another individual. Officer Darrell Cunningham, a nearly five-year veteran of the LAPD’s West L.A. Division, and a yet-to-be-named passenger were killed when their Infiniti sedan was struck by a BMW sedan.
The BMW, driven by 20-year-old Brian David Olivarez, was reportedly traveling over 100 miles per hour and ran a red light. An off-duty San Bernardino County sheriff’s deputy, also in Cunningham’s vehicle, sustained severe injuries but is expected to survive. Preliminary investigations suggest Olivarez was under the influence of alcohol at the time of the crash. He remains in critical condition and faces charges of gross vehicular manslaughter, with additional charges pending. Officer Cunningham is survived by his fiancée, two young sons, his mother, and two brothers.
Suspected DUI and Legal Consequences:
California Vehicle Code 23153 classifies DUI causing injury as a “wobbler” offense, chargeable as either a misdemeanor or a felony, depending on the circumstances and the driver’s history. However, when a DUI results in death, the charges escalate significantly. Olivarez may face charges under California Penal Code 191.5(a), known as gross vehicular manslaughter while intoxicated. This charge is a felony that implies gross negligence—conduct that goes beyond ordinary carelessness, inattention, or mistake in judgment.
If proven, Olivarez’s actions in the Northridge crash—excessive speeding and running a red light while under the influence—may constitute gross negligence. The legal consequences of such a charge are severe, with potential penalties including imprisonment in state prison for 4 to 10 years, substantial fines, the suspension or revocation of driving privileges, and the mandatory installation of an ignition interlock device on any vehicle the offender operates.
Moreover, if Olivarez has prior DUI convictions, he could face even harsher penalties under California’s Three Strikes Law. Additionally, the family of the deceased may pursue a wrongful death civil lawsuit, which could result in significant financial liabilities.
Understanding Vehicular Manslaughter:
In California, the law delineates vehicular manslaughter while intoxicated under Penal Code 191.5(a) PC as a grave felony offense. This statute applies when a person, while under the influence of alcohol or drugs, commits an unlawful act that might cause death—such as speeding or running a red light—or a lawful act that might cause death if performed in an unlawful manner. “Gross negligence” surpasses ordinary carelessness or judgment errors, defining an act committed with severe disregard for safety.
Gross negligence involves acting in a way that creates a high risk of great bodily injury or death, with the additional factor that the individual must have known or should have known about that risk. It is this “gross” aspect that elevates the offense to a more serious level compared to ordinary negligence.
The penalties for gross vehicular manslaughter while intoxicated are indeed severe, reflecting the seriousness with which California law treats DUI-related fatalities. Conviction can lead to imprisonment in the state prison for 4 to 10 years. In cases with particularly egregious circumstances, the term could be 15 years to life, especially if the defendant has previous vehicular manslaughter or DUI convictions.
Furthermore, the conviction carries additional consequences, such as the loss of driving privileges, mandatory DUI school, and the possible requirement to pay restitution to the victims’ families. These penalties aim not only to punish but also to deter others from committing similar offenses and to underscore the state’s commitment to road safety.
Legal Defense and Representation:
An experienced criminal defense attorney will carefully review the evidence against Brian David Olivarez, questioning the DUI charges and claims of gross negligence. The lawyer will evaluate the DUI testing process and consider factors like vehicle condition or road status to form a defense strategy.
Conclusion:
The Northridge collision is a reminder of the consequences of driving under the influence. The San Bernardino County Sheriff’s Department posted their condolences to the LAPD and families of Officer Cunningham and the passenger while providing an update on the injured off-duty deputy.
DUI vehicular manslaughter charges carry grave consequences. For those facing similar accusations, contact The Law Offices Of Arash Hashemi at (310) 448-1529 or schedule a consultation for expert legal guidance.
