Judge clears murder charge against man accused of deadly drunken crash in Friant

FRESNO, Calif. (KFSN) -- A years-old informing came existent for an accused slayer successful tribunal connected Wednesday arsenic a justice told Ryan Trevino that his alleged deadly drunken thrust tin beryllium charged arsenic murder.

"While this incidental has been described galore times by witnesses arsenic an accident, it appears to beryllium thing but," Fresno County Superior Court Judge Jonathan Conklin said.

Prosecutors accidental Trevino slammed head-on into Mike Tarter, sidesplitting him adjacent Friant past January.

Attorneys connected some sides agreed that Trevino's humor intoxicant level was astir doubly the ineligible bounds and that a humor trial revealed Trevino had THC successful his system, the psychoactive compound successful marijuana.

"He was swerving successful and out, trying to walk me," a witnesser to the clang said.

He testified that Trevino passed him connected the enarthrosis astatine the intersection successful beforehand of Table Mountain Casino.

The clang happened conscionable moments later.

"I judge helium was going mode excessively fast, went onto the oncoming lane and conscionable rammed head-on with the achromatic Toyota," the witnesser said.

Maria Sanchez Benitez saw the clang from the different direction. She provided a cardinal detail, seemingly suggesting Trevino tried to flee.

"I did announcement the bluish motortruck - You know, erstwhile you crook connected the car? It wouldn't turn," Benitez said.

Defense lawyer David Jones argued the execution complaint should not stick.

"Murder is simply a circumstantial intent crime. You mean to termination somebody. There is that malice," Jones said. "I'm saying that driving nether the power of alcohol, not that I condone it successful immoderate way, does not emergence to that level."

Prosecutors accidental Trevino knew what helium was doing.

He had been warned doubly astir the dangers of driving drunk and told that if helium did it again and idiosyncratic died, helium could beryllium charged with murder.

"Was the advisement that came years ago, was helium alert of it then?" Action News Legal Analyst Tony Capozzi said. "Was helium successful the close caput to marque that determination to thrust nether the influence? That would beryllium the imaginable defence now."

Trevino volition person astatine slightest 1 much accidental to alteration his plea adjacent period earlier a justice sets a proceedings date.

For quality updates, travel Gabe Ferris connected Facebook, X and Instagram.