SANTA ANA – A 32-year-old man was convicted of murder on Monday in an alcohol-related accident that killed one man and seriously injured another in Santa Ana in late 2018.
Jesus Segura Herrera was convicted of second degree murder, driving under the influence of alcohol causing injury, driving with a blood alcohol level above the legal limit and hit and run with permanent injuries and serious, all crimes. Jurors also found real improvements to the sentence for inflicting serious bodily harm on the two crash victims.
Herrera was charged with second degree murder instead of manslaughter while driving because he had previously been convicted of driving under the influence of alcohol, hit and run and beating and wounds against a peace officer, all misdemeanors, on Halloween 2008.
Herrera faces a life sentence when he is due to be sentenced on February 4, 2022.
Herrera was out for a drink on December 2, 2018 and ordered a “bucket of beers” from Spoons restaurant in Santa Ana, according to the prosecution file.
He got behind the wheel of his Acura TL and was driving around 40 to 50 mph on Grand Avenue when he crashed into a Scion XD on McFadden Avenue just after 2 a.m., prosecutors said.
An acquaintance of the family who was also at the bar that evening called for an Uber ride and was walking past the scene of the accident when she asked the driver to drop her there. She told police she saw Herrera drinking at the bar, prosecutors said.
Jorge Davalos Carrillo, 39, of Garden Grove, who was the Scion’s right rear passenger, was killed in the crash. Another passenger in the front seat sustained brain injury as well as fractures to his spine, ribs and pelvis, and spent two months in hospital, prosecutors said.
Three Good Samaritans helped Herrera out of his car and told him to stay put, but he got back into his car and tried to pull away, but crashed into a lamppost, prosecutors said.
A blood test taken at a local hospital showed he had a blood alcohol level of 0.25, which is more than three times the legal limit, prosecutors said.
Herrera told police he drank nine beers at a company party and had previously been convicted of drunk driving, prosecutors said.