California has two separate DUI manslaughter laws. As with many laws, one of these charges is more serious than the other. The less serious charge is ordinary DUI manslaughter, which may be charged as a misdemeanor. The second charge is Gross DUI Manslaughter. It basically means that a person acted with “gross negligence” or knew that their actions may cause the harm of other people. This second charge is a felony, which can permanently affect your rights as a citizen and your ability to obtain employment. KMIR reports on a suspected 19-year-old drunken driver who is facing gross DUI manslaughter charges in an accident that killed two people.
19-year-old Austin Bly Ellington was driving a white Dodge Ram east on State Route 62, just east of State Route 177. At about 9:27 p.m. on June 29th, Ellington’s eastbound vehicle drifted into the westbound lanes.
He hit a red Dodge Ram head-on. The red pickup was being driven by 57-year-old David Brian Chance of Banning. Chance died at the scene of the accident.
20-year-old Maria Garcia, who was riding in Ellington’s vehicle also suffered from fatal injuries and passed away at the scene of the accident.
Both Ellington and another passenger in his vehicle were transported to Desert Regional Medical Center in Palm Springs with major injuries.
Last Tuesday, Ellington was taken into custody at the hospital. He is facing serious charges, which include two counts of gross DUI manslaughter and six counts of DUI causing injury.
Ellington was due in court on Thursday, but doctors had not given him the medical clearance to appear.
A bond was set Thursday by Riverside County Superior Court Judge Dean Benjamini. The bail was set at $220,000.