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FRESNO, Calif. (KFSN) -- David Alvarado is accused of driving nether the power successful May erstwhile helium crashed into a car astatine a reddish airy connected Highway 41 and Manning Avenue successful Fresno County.
The interaction killed 65-year-old Mary Hardin. Her husband, 69-year-old Paul Hardin, was hospitalized successful captious information earlier being taken disconnected beingness enactment days later.
Alvarado's lawyer asked the justice Thursday to trim his bail from implicit $2 cardinal down to $50,000, a terms his household tin afford.
"My lawsuit is incapable to implicit immoderate further acts of unit towards the peculiar victims successful this lawsuit because, unfortunately, they are deceased," says Brendan Bergh, Alvarado's Defense Attorney.
The District Attorney fired back, saying that the statement defies some logic and reason.
"The lone crushed this suspect does not airs hazard to the unfortunate is due to the fact that helium already killed some of them," says Steven Ueltzen, Fresno County District Attorney's Office.
The Hardins had conscionable moved to the Central Valley arsenic religion missionaries months earlier the tragic crash. Their household cried for justness days aft they were killed.
"Currently, determination are eleven children who are present without parents," says Hardin's sister successful court. "There are 4 sisters and 2 brothers without a sister, arsenic good arsenic Paul's family."
Alvarado's extended DUI past is simply a cardinal constituent successful the DA's argument. A full of six convictions connected grounds dating backmost to 1997.
"At that time, helium had a .18 - .19 humor intoxicant content, much than doubly the ineligible limit. And astatine the clip of his driving successful this case, helium was connected 3 abstracted assistance probations for driving nether the influence," says Ueltzen.
"I deliberation the territory attorneys' presumption was a small harsher than indispensable but accurate," says Bergh.
In July of 2023, Alvarado wore a limb instrumentality to marque definite helium wasn't drinking and driving, but authorities accidental that lone lasted 120 days.
After considering further physics monitoring oregon location confinement, the justice ruled to support the 55-year-old successful custody without bail.
"The tribunal finds by wide and convincing grounds that determination are nary conditions that could reasonably guarantee the extortion of the nationalist successful airy of his continued decisions to portion intoxicant and thrust centrifugal vehicles," says Judge Geoffrey Wilson, Fresno County Superior Court.
Action News Legal Analyst Tony Capozzi says the defence had a hard occupation and made a bully effort astatine advocating for their lawsuit but says the determination was a no-brainer.
"He's indicated successful the past that helium can't beryllium trusted and driving portion not nether the influence. I deliberation everyone bodes good with the judge's determination successful this peculiar case," says Capozzi.
Alvarado is facing respective charges, including 2 counts of murder.
If convicted helium could look 35 years to life, his adjacent proceeding volition beryllium successful mid-January.
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