Under California law, a person who is an intoxicated driver involved in a collision that claims a life may be charged with DUI manslaughter. DUI manslaughter is one of those charges that some attorneys refer to as a “wobbler.” This means that it can either be charged as a felony or as a misdemeanor. In short, a DUI manslaughter with “gross negligence” is always a felony. However, a DUI manslaughter with ordinary negligence can either be a felony or a misdemeanor. The prosecutor has discretion in how to charge ordinary negligence DUI manslaughter. For example, a person who is speeding a little might be charged with the misdemeanor. However, a person who is speeding recklessly may face the felony charge. The Press-Enterprise reports on a professional boxer facing DUI manslaughter charges after killing a woman and her unborn child.
28-year-old Krystil Kincaid was on the phone with her husband when the wreck happened. He described hearing her screaming as the sound of the wreck exploded around her.
The collision happened at about 8:30 p.m. on Monday on N. Warren Road in Hemer.
28-year-old Marcos A. Forestal was driving a BMW at a high rate of speed when he veered into oncoming traffic, striking Kincaid, who was driving a Chrysler, which caught fire.
In the aftermath of the accident, while officers put out the fire that was burning Kincaid’s vehicle, Forestal was live streaming the aftermath. Police first arrested him for felony DUI causing injury.
Kincaid was taken to a hospital, but both she and the unborn child she was carrying later died. The charges against Forestal were upgraded to gross vehicular manslaughter while intoxicated. His bond was raised from $50,000 to $75,000.
Forestal, a native of Cuba, is the reigning World Boxing Federation International Bantamweight champion.