When DUI Turns Deadly a Defendant Faces 15 to Life
A host of laws in California cover driving under the influence cases. Depending on the circumstances of the alleged offense, a defendant can be charged with anything from a misdemeanor “wet reckless” to a DUI with aggravating factors such as having a minor in the car or a particularly high blood alcohol content.
These offenses can result in fines, probation, alcohol education classes and perhaps time in county jail.
But if someone dies as a result of your alcohol-impaired driving, you can face murder charges, and years behind bars in California state prison. That's what 28-year-old Alan Michael McConnell is looking at, having just pled guilty to two counts of second degree murder (also known as “Watson murder”) in connection with a collision that killed two women.
According to prosecutors, he had a BAC of .15% at the time (an aggravating DUI factor) as well as a pending DUI case from an earlier date.
To be convicted of the very serious charge of DUI-related second degree murder, the prosecutor must prove that the defendant acted with “malice aforethought” or conscious disregard to human life. If prosecutors can’t show that level of malice for Watson murder, but can show ordinary negligence, they can change you with the lesser felony offense of vehicular manslaughter under Penal Code Section 191.5(a) PC.
McConnell faces a sentence of 15 years to life. He will be sentenced on April 22 in the Pomona Superior Court.
