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Murder charge filed in rollover crash that killed passenger

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Front passenger Casey Eutsler was ejected when this car overturned Nov. 19, and he was trapped underneath the vehicle when officers arrived, according to the California Highway Patrol. [Photo by LUIS MEZA]
Front passenger Casey Eutsler was ejected when this car overturned Nov. 19, and he was trapped underneath the vehicle when officers arrived, according to the California Highway Patrol. [Photo by LUIS MEZA]
LANCASTER – A 26-year-old Lancaster woman accused of driving drunk and causing a single-car rollover crash that killed her passenger has been charged with murder.

Desiray Tona is charged with murdering 28-year-old Casey Eutsler of Palmdale, according to court records. Tona is also charged with gross vehicular manslaughter while intoxicated, driving under the influence of an alcoholic beverage causing injury and driving with a 0.08 percent blood alcohol content or more causing injury.

The felony complaint alleges that Tona personally inflicted great bodily injury upon Eutsler and that Tona’s blood alcohol content was 0.15 percent or more at the time of the car crash.

Casey Eutsler [image via gofundme]
Casey Eutsler [image via gofundme]
The fatal collision occurred around 1:10 p.m. Thursday, Nov. 19, on Avenue A, just west of the Antelope Valley (14) Freeway, according to a California Highway Patrol report.

Tona was driving a 1998 Ford Mustang westbound on Avenue A when she veered off the road onto a dirt shoulder, the CHP reported.

The Mustang then crossed into the oncoming traffic lane before careening into a dirt field where it flipped several times, the CHP reported. Eutsler was ejected from the car during the overturn sequence and the vehicle landed on top of him, killing him, according to the CHP.

Tona sustained minor injuries in the crash; she was arrested at the scene on suspicion of driving under the influence.

Charges were filed against Tona on Monday, Nov. 23, according to court records. She appeared in court but did not enter a plea, and her arraignment was postponed to Dec. 7, according to the Los Angeles County District Attorney’s Office..

Tona’s bail is now set at $1 million, according to LASD inmate records.

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Previous related story: Passenger killed in DUI rollover crash, driver arrested

Filed Under: Crime/ Safety

80 comments for "Murder charge filed in rollover crash that killed passenger"

  1. We all forget to be apart of a solution instead of creating problems…if our intentions don’t change, its not looking good..

  2. There is a young patient on ICU at AV Hospital, arrived after a hit and run in Palmdale Blvd on 11/26. He is either Hispanic or Asian, about 5’9″, slender build, probably between 15-25 years old, no tattoos, no ID, he wears a black rosary in his neck. Police unable to identify yet. If somebody is missing a friend or son, contact the hospital.

  3. You all wanna be AV lawyers need to shut your pie holes as you don’t know crap about the judicial system. You all follow your drunk and drug addict Mayor, and local law enforcement deputies who are nothing but losers and LASD misconduct misfits.

    • Hey alluwannabesaints, be nice. Just because the entire local LASD( that’s not working today) is probably sitting at Schooners tossing back Jäger shots with their tin badge in their pocket(so they can drive home without a problem), isn’t any reason to point out the obvious. Hypocrites.

  4. This is not right, she did not intend to kill this man. She was indeed negligent. We cannot let this fly.

    • ARE YOU KIDDING ME? My uncle was killed by a drunk driver. That idiot got drunk and KNOWINGLY got behind the wheel of his pickup truck, in his impairment he ran a stop sign and hit my uncle whom was minding his own business driving his motorcycle to my house. If you drink/drug and get behind the wheel you do it KNOWINGLY so you therefore did it on purpose. Hope you and your family never endure the pain of losing a loved one to a drunk careless driver. oh by the way this was NOT James Whites.(the idiot that killed my uncle) first DUI accident nor murder. But because he knew how to work the system and move state to state he got away with it several times until his wife finally stood up in court and decided to tell on him.

    • She chose to drive drunk, intend or not she killed him, she will at minimum be charged with involuntary manslaughter

  5. This is a travesty which could have been prevented altogether if every one who is defending the driver/passenger after the fact had taking action before. Everyone is saying they knew them but no one has said that they tried to help them or even stop them from drinking and driving. The MISTAKE is no one tried to stop them. Defending her by letting her believe it’s a MISATKE is the MISTAKE. Everyone keeps saying it was a mistake but as kids your parents raised you that your decisions, choices or actions has consequences good or bad. You learn from mistakes the later has consequences. Simple you make a mistake on by locking keys in your car you don’t choose to lock your keys in your car. Decision/Choice/Action: Her choice was to drive if correct (0.15) limit at the time of test. A possibility her BAC may have been higher at the time of the accident. What other substance she may have had will come into play later. His choice to get in the car with a driver he knows that is impaired and knowingly not putting his seat belt on. 1st Consequence: Vehicle rollover; she is injured and taken to hospital and will live another day. He is killed. 2nd Consequence: Driver/Mother, her kids will not have their mother for time to be determined and grand parents become parents. This consequence can possibly can lead to unforeseen custody dispute if father pursues it. Passenger/friend/husband/father is deceased. His son will grow up without his father and his spouse will now be a dual parent and will tell the story one day how his father died. His son will grow up resentful. Let’s assume for argument that all the kids might grow up resentful. 3rd Consequence: Now friends that are defending her and the friends that are defending him will be against each other, because they feel guilty because they will ask themselves if there was something they could have done to stop this… Yes! you all knew. This is the time to stop making excuses and let the driver deal with her consequences. If she feels as bad as everyone says then she will take whatever punishment is dealt. If she doesn’t then if given a second chance she will do it again. My personal story… I knew someone one that was doing his job and planning for his future was to get married 3 weeks later. He was killed by a drunk driver whom I also knew. The driver was at a party and he was safe and didn’t need to drive his action was to sneak out after everyone had told him not to drive. He had been told earlier that day not to drink and drive and he had a plan in place if needed a ride someone would pick him up and get him home. He made a decision not a mistake to drive. His actions caused the death of a innocent victim. He murdered him…ran him down trying not to get caught. I could go own but the moral is he is serving time for murder and yes I call him a murderer because his decision caused a death. Maybe harsh but he is doing 15 to life. So all this could have been avoided if all the friends the are defending both the driver and passenger had reacted. You all knew this was a tragedy waiting to happen and it has. At this time of day they had to be drinking with someone and the truth will come out. Possible reason hearing has been postponed to gather more evidence. Don’t give your friend the driver the easy way out by agreeing with her that it was a accident/mistake. Tell her she made the wrong decision and it not only cost her but the families and friends of both. There are 3 kids out there that are without parents and it could have been worse if another vehicle would have been coming from the opposite direction. It’s not OK to Drink and Drive and everyone who says it is just one choice away from it happening to you. In the AV there is no reason because of other options to get you home, mass transit, taxi, cab, UBER or call a friend. Families or friends wouldn’t care if you call for a ride. At least they can be upset with you face to face over breakfast rather than behind bars.

    • You got it wrong. Everyone who loved Casey tried to get him help. Tried to talk sense in a senseless pattern of living. He was told many times. Help was offered and rejected. He like many youth did not see he had a problem. Choices were made consiquences are at hand. We all mourn this tragic loss we now have to endure. The children are all well taken care of. Although they will grow up without one parent they have family to see them through this senseless loss. There is no help though for willful ignorance.

      • I can TOTALLY see this happening to me, if I continued to DRINK! I don’t drink now but when I did…I did! That is SOOOOOOO HORRIBLE for her. Just the fact that she has killed her husband/best friend/babies daddy is, is enough to make someone want to die.

    • Very true! It sounds like the people who knew her also knew she drinks a lot and drives intoxicated. And she had a young daughter??!! How many people took her car keys away? How many people called the police BEFORE someone was killed? How many people made her put down the alcohol?

      This was a tragedy in the making and many people stood by while this got worse. Please, people, intervene before another person dies.

  6. I love you des! It wasn’t on done on purpose people!! They are both great friends of mine and to each other she would never try and kill him or herself like that! They were stupid and now yes it has ended badly but she should not go down for murder at all! Stay strong love we love you and miss caseyes very very much!! Big hugs!

    • Ended badly??? A man was killed! The act of driving while impaired was done intentionally and she needs to be held accountable for what she specifically chose to do.

      What do you think should happen to your friend after she killed a man?

      • Look up the definition of MURDER. You are clearly confused. Yes she intentionally drove drunk but does that equate to INTENTIONALLY killing the man!!?? No it doesn’t! Think before you open your fat mouth please.

  7. RIP. Sorry to see this happen. It appears they did this more often than not. Were they at a bar? I think we need to start there, Go in the bars up here and even before you finish one drink they are asking for more and more and more, Maxdons I had 3 drinks in 2 hours(I walked there) I watched people have 5-6 beers at a sitting get in a car and drive right past the CHP station, Trap, Rubens,Schooners all the same, there is no cut off. Press charges on the bar(if there was one) make these AV drunk hangouts start paying the price.

    • Why should a place of business be held accountable? Both parties were adults and made a choice. That’s like people who blame the fast food restaurant for making them fat!

  8. RIP to the gentleman that lost his life its a sad thing to both parties but its to late the choice was made by both. My friend went through the exact same thing as they did and let me tell you they dont care at all about being an accident they care that you were drunk and killed someone my friend got 20 years and thats only for vehicular manslaughter yep shes probably looking at the same if not worse prayers for all

  9. People here drive like jerks NOT drunk, put a drunk behind the wheel and it just gets worse…who is drunk in the early day on a weekday but people who are alcoholics? Sheesh now we have to be careful at all times of the day! Seems both of these people had no common sense or respect for anyone’s life, let alone theirs. They were more concerned with partying then the kids they both have…now those kids are scared for life because them! One will grow up with no father and one will grow up knowing their mother is a killer…..if it’s true she is a drug abuser, I’m glad her parents have been taking care of her child, they will be taking care of him for a lot longer when she is convicted. Murder, Manslaughter neither MONICKER matters…dead is still DEAD!

  10. Some of you people are so heartless and one sided about this horrible situation, I’m in a bit of shock. All of you who are for this murder charge, let me ask you this… None of you have ever in your life gotten into a vehicle and driven after having consumed some sort of alcoholic beverage right? Because most of us have, so now not only does the young lady live with the regret of her actions, and the visions of her boyfriend lying dead near her, now the system will make her feel completely worthless to say the least, and those people who will be doing whatever it takes to get a murder conviction, are among those who have driven while intoxicated. An accident occurred, a tragic accident, that should most definetely have conciquinces, but murder. No way. And for the record I do not know either of the parties involved, I just feel murder is a bit harsh.

    • Don, you are 100% correct. Obviously, there is a limit when it is no longer safe to drive after consuming alcohol. That being said, this DUI garbage has been turned into a mass incarceration revenue machine. Perfectly coherent adults are being arrested for drinking 3 beers before driving. I know people that do some drinking before driving and have been doing it for 40 years and never been in a car accident. If you drink and you have a car, then you, at some point, have been behind the wheel after consuming alcohol and anybody who says otherwise is a liar.

      • That’s pretty delusional. Everybody doesn’t drink and drive. Totally sounds like the world view of an alcoholic.

        She’s going to jail for a long time. U mad bro?

        • Is that so Mr. Wow? Even the people that are careful about drinking and driving have done it at least once, bro. You sound like a cop, bro. Or, are you just another AV dou.hebag, bro?

      • @ JustSayNoToAv,

        29-year old, adult male here, that enjoys a good anejo tequila and craft beers. As a matter of fact, I am drinking a glass of anejo tequila, neat, as I type this. I have NEVER been behind the wheel of a moving vehicle while buzzed, tipsy, or whatever word you choose to use; as in I have NEVER had a drink and then driven a car, motorcycle, bicycle or anything other moving vechicle/equipment. Why? Because I have more common sense than that. Go lump yourself in with the crowed of people that choose to drink and drive, but do not make the assumption that every adult with a car has or will drink and drive.

    • i agree with u all the way. I had a good friend (family) die the same way about 5 years ago. she wasnt wearing her seat belt and that is why she was thrown from the car and had it roll on top of her. im not saying that the women in this situation shouldnt have some consciences for her action but not murder.. the family of the person that died can not press charges and even fight on her behalf and get the sentence brought down. also to the women in this situation stay strong and keep ur head up as much as possible. have a great day

  11. She drove drunk and as a result killed her boyfriend. Its tragic but seriously i hope she gets more time 4years isnt enough. She is the reason her beloved boyfriend is dead how can her so called friends defend her and say she loved him.she wasnt a good person good people dont get [removed] in the middle of the day and kill their boyfriends. Its a shame her kids will be without a mother for some years i hope they dont suffer from their moms terrible decision making skills. Either way i hope she gets 10 years people like her are a waste

    • Your [removed]. It was a mistake. Everyone makes mistakes. They both were drunk. Shouldn’t be murder though. Involuntary manslaughter makes more sense. I knew her and it was both there fault. Not just ms tona. Forgive and forget. How about this your a [removed] waste. You are also saying that you are perfect. I have known her since she was 13 years old. I know her brother. She is not a waste. Pinky is my friend and the rest of you that thinks she deserves this. Bo they both were wrong [removed]. To the guy that said she’s a waste come find me and I’ll show you what a waste is.

      • No, a man is dead. That is not a “oops, it’s a mistake”. Everyone does not make these types of mistakes.

        People need to start taking drinking alcohol more seriously.

  12. Two great people, Casey will be missed. Des we all love you. Stay strong we know you’re hurting. We miss you <3

  13. I grew up with Desiray, and to see this breaks my heart. That she made these choices, leading to the death of another person, a father and a husband is tragic. Think about the children here who have suddenly lost parents, do to death or incarcetion.

  14. She deserves to be incarcerated for being irresponsible, get her drunk butt off the roads please! she’s a danger to everyone .
    No Excuses!!!

    • Four years for a vehicular manslaughter..There trying to charge her for murder and it was her boyfriend..Thats ridiculous

        • They are both at fault. He knew she was drunk and yet decided to get in the passenger seat. Do you not understand this!? Too complex for you? No way in hell should this ever be considered murder!!! Murder means to INTENTIONALLY KILL SOMEONE. So unless one can prove that she crashed the car on purpose to kill him then it should never be called MURDER. That’s just absurd misjustice.

      • She was not his gf. He was not her bf. She used him. Drove his car. She was a junkie. She loved drugs n alcohol. She wasnt even a mother to her own child. Her mothers raising her child. She has not a single employed friend. They were all losers. Ravers and the definition of white trash. Casey god rest his soul was killed courtesy of her. She had no ambitions. For god sake shes 26 and they call her pinky. And her friends have names like fushia and sinful . Tf. Stop defending this redneck literally pos failure. Her friends for the most part are all losers and have no bearing to stand on. Defend the victim. Dont [removed] drink n drive. There is no defense for her. casey is dead.

        • Fuchsia is my real legal name you dumb dumb it’s a color and a flower which so happens to be my moms favorite color duh
          Unique as it gets
          So by my name not even knowing anything about me you assume I’m redneck? lol you must not be that bright get your facts straight and don’t be an internet troll dude

          • Oh and one more thing about your comment.
            I’m not employed right now because I just had a baby 6 weeks ago but my husband which is her friend too is he’s certified by the state of California journeyman Electrician for 10 years I’m guessing he probably makes more money then you do so there you go saying another gossiping rumor that obviously is not true
            Like I said get your facts straight. She does have friends that work and have jobs not all were or are low lifes

        • This was very well put. There is no sense in defending someone who due to their actions has caused the death of another. I am just thankful her ignorant actions did not harm more people.

        • Wow ur a [removed] they both made the choice to get in the car it’s sad how one sided people are they are both great people and a tragedy happen but everyone at some point makes the same choise they did not all have the same terrible experience.

      • They made a dumb drunk mistake together they are both great friends of mine it was a stupid choise theyes made but it was not intentional by any means!

    • It was both there choise to get in the car drunk and she’s not the only one this [removed] happens to she’s a great person they other are to think that way about 1 person when there are far worse out there is wrong.

  15. For those of you saying she shouldn’t be charged with murder, heres a little reading for you….You need to learn the law. A murder charge is absolutely appropriate here.

    The name “Watson murder” stems from the California Supreme Court case People v. Watson1. This case essentially created the possibility that someone can be convicted of second-degree murder when killing someone in an accident while driving. The three elements that the prosecution has to prove in order to convict someone of Watson murder include:

    (1) that the death resulted from an intentional act,

    (2) the natural consequences of that act are dangerous to human life, and

    (3) you knowingly acted with conscious disregard to that fact2. There need not be intent to kill another human being.

    http://www.lacriminaldefensepartners.com/dui-charged-murder-known-watson-murder/

    • Vehicular manslaughter is a crime that, in general, involves the death of an individual other than the driver as a result of either criminally negligent or murderous operation of a vehicle. The former case and the more common conviction of unintentional vehicular manslaughter.

      • The fact that they’re charging her with murder indicates that she has most likely been convicted of DUI. When you are arrested for DUI, you are given something called a “Watson Advisement” which states that driving under the influence is a dangerous act that can lead to the death of others, and you can be charged with murder. Once someone has been given the Watson Advisement, they meet all 3 conditions to be charged with murder.

        The Watson Advisement satisfies the third condition, in order to qualify for a murder charge.
        number (3) you knowingly acted with conscious disregard to that fact2. There need not be intent to kill another human being.

        • She has never been charged woth a DUI, she has never even been arested before. They are upping the charges to try to force her to take a plea.

          The crime of vehicular manslaughter in California—sometimes referred to as “gross vehicular manslaughter” if the defendant acted with gross negligence—is set out in Penal Code 192(c) PC.1

          You commit the crime of vehicular manslaughter in California if:

          While driving a vehicle, you commit an unlawful act that is not a California felony, or a lawful act that may cause death;
          You commit that act with either negligence or “gross negligence”; and
          As a result of your negligent act, someone is killed.2
          In contrast, if you killed someone while driving a car and committing an act that was a felony, you would be charged with Penal Code 187 PC murder under the California felony-murder rule.3

          And if the allegation is that you committed vehicular manslaughter/gross vehicular manslaughter while under the influence of alcohol or drugs, then you would be charged under Penal Code 191.5 PC, California’s vehicular manslaughter while intoxicated law.4

  16. It’s not murder. No one forced him into that car. No one forced him to not wear a seatbelt…. He gave her the keys and asked her to drive. Manslaughter, yes, murder, no. He was drunk as well. Both of them chose to be in that car that day. There were several times where he drove and she was the passenger. Seeing as how he already had DUI’s under his belt…. Both people were at fault here.

    • I’ve been reading all the comments and someone finally said what I was thinking. He was not wearing his seat belt. She deserves to be charged with Vehicular Manslaughter. But like Mapeite said, no one forced him into the car and certainly he was smart enough to know to put on his seatbelt. So that tells me that he was impaired also. This is tragic for everyone involved and sadly the young man paid the price for both of their stupid actions. I don’t know either of these people but my heart breaks for everyone concerned. There are two lessons here that need to be learned but won’t be; don’t drink and drive, even if you think you can handle it, and always wear your seatbelts. They are there to prevent crap like this.

      • They are both great people and he is missed very much but it was by no means murder they both were drunk and both chose to get in the car and drive it’s terrible what happened but it was not intentional!

  17. I would like to let everyone know who are friends of Desiray Pinky Tona and Casey Eutsler a few things. Don’t think it was just Desi who had been the only one drinking. Casey had been drinking alongside with her yesterday. He was drunk himself and have on multiple occasions been driving while intoxicated with Desiray in the passenger seat. Yesterday he willingly let Desiray drive his car knowing she was intoxicated and both knowing they definitely should not have been driving especially while drinking. To make it even worse Casey was not wearing a seatbelt. That is why the car landed on top of him. Desiray will be punished for her actions. Casey did not deserve to die but remember he himself helped cause his own death as well as Desiray facing her consequences for her unforgivable actions. There is no excuse for either of them to even think for a minute that they could drink and drive and that nothing would happen to them. There are now two children that don’t have their mom or their dad. I honestly in my heart wish I could of helped prevent this but you can’t force people to stop doing (what they know they shouldn’t be doing in the first place) if they don’t want to. We all can take this as a learning lesson and make sure to never ever think it’s ok to drink and drive like they did.

    • So anonymous…. if you know first hand they were both drunk, why did YOU not take the keys away and not allow them to make such a bad choice???

      • You are on track with this comment…A friend could have prevented and if you knew first hand you should have tricked him into letting you drive.

  18. She is not a murderer. She is my sister and I know for a fact she would never intentionally hurt someone.

    • she INTENTIONALLY got behind the wheel drunk, which in turn, got into a wreck and killed her passenger. this is 100% HER FAULT. only she can choose to get behind the wheel and drive drunk, no one else can make that choice for her. so any other given day she may not intentionally hurt someone but that day, she did, by getting no behind the wheel knowing the consequences and knowing she was not in full control of herself being that intoxicated. this is 2015, COME ONNNN! get it together people, this man lost his life because of her stupid decision. plain and simple. I pray for his family & I pray she serves the time deserved.

      • Can you read? Or even understand the English language? Because your ignorance is astounding. The dude INTENTIONALLY!!!!!!! DID NOT WEAR HIS SEAT BELT!!!! Because…..wait for it…..HE WAS INTOXICATED AS WELL. Think before you post moron. If he wore his seatbelt he wouldn’t have been ejected out of the car they are both at fault. You should really get an education and look at all the facts before you post moronic crap on the web.

    • She chose to drive drunk, so yes it was intentional. She knows the consequences of choosing to have a drink, get in a car, turn it on and drive off. You learn all this in hs and the dmv when you get your license. There are consequences in life, and she should of made better choices.
      Look at it the other way around, would you be so sympathetic if it was your sister dead with a car on top of her because of a drunk driver? I think not.
      Feel sorry for his wife and child not your sister.

      • Yes there are conaequences in life. He chose to be in a car with a drunk driver. He chose not to wear a seat belt. He chose to hand her the keys to HIS car and have her drive because he already had a DUI under his belt. Yes she chose to drive, and will face the consequence for that action. He is dead, that is the consequence for his action. Oh wait I forgot this is 2015 where only partial truths are present and we glorify the dead. Screw facts right?

      • He chose not to wear a seatbelt and chose to let her drive his car he has prior duis which is probably why he had her drive one in which involved and accident

        • Seat belt or not, she was driving. Had they been stopped, he would of got a ticket, she would of been arrested. So she did they crime let her do the time. We don’t see the severity of her actions until we face with loosing a loved one by someone else. Had it not been a”friend”, you all would be asking to skin her alive, but if you know her, then it’s a difference.

          • It would be nice if people learned a lesson from this but they won’t. I remember when a friend died in Mojave in a drunk driving accident. He was so loved by everyone and everyone’s heart was broken. But I guarantee you that not long after he was laid to rest, at least ONE of his friends got behind the wheel of a car after drinking. It is so sad

          • She intentionally drove the car and he intentionally got into the car knowing that she was drunk. So your attempt at making her look like a monster has failed. Murder charge in this case would be a gross misconduct of justice. I don’t care how you try to rationalize it. Doesn’t fit the crime. Sorry

    • http://www.lacriminaldefensepartners.com/dui-charged-murder-known-watson-murder/

      The name “Watson murder” stems from the California Supreme Court case People v. Watson1. This case essentially created the possibility that someone can be convicted of second-degree murder when killing someone in an accident while driving. The three elements that the prosecution has to prove in order to convict someone of Watson murder include:

      (1) that the death resulted from an intentional act,

      (2) the natural consequences of that act are dangerous to human life, and

      (3) you knowingly acted with conscious disregard to that fact2. There need not be intent to kill another human being.

    • I dont know about the go fund me for her but i know there is a go fund me for his funeral. He left behind a wife and child.

    • WOW!!! A gofundme for a drunk / addict!? This is ridiculous. Aren’t we already supporting her with our tax dollars ? What morons, think what if it was your family driving on the oncoming road she veered into. She doesnt deserve to be out here jeopardizing others lives. Doubt she will learn from this considering that she was this person as a mother shows she has no damn sense.

  21. So very sad for both of these old friends.. please take this as a warning. .. don’t drink and drive.
    You will be loved and missed

    • …..trumped up charges? You’re a [removed] who probably drives drunk, too. GTFOH which yo drunk no job having [removed].

    • Sorry your wrong. Learn your California Law.

      The name “Watson murder” stems from the California Supreme Court case People v. Watson1. This case essentially created the possibility that someone can be convicted of second-degree murder when killing someone in an accident while driving. The three elements that the prosecution has to prove in order to convict someone of Watson murder include:

      (1) that the death resulted from an intentional act,

      (2) the natural consequences of that act are dangerous to human life, and

      (3) you knowingly acted with conscious disregard to that fact2. There need not be intent to kill another human being.

      • Blah, blah, blah, fascism worshipper. F…ck the law and the exaggerated garbage used to pack the jails. No different than the Drug War.

          • The crime of vehicular manslaughter in California—sometimes referred to as “gross vehicular manslaughter” if the defendant acted with gross negligence—is set out in Penal Code 192(c) PC.1

            You commit the crime of vehicular manslaughter in California if:

            While driving a vehicle, you commit an unlawful act that is not a California felony, or a lawful act that may cause death;
            You commit that act with either negligence or “gross negligence”; and
            As a result of your negligent act, someone is killed.2
            In contrast, if you killed someone while driving a car and committing an act that was a felony, you would be charged with Penal Code 187 PC murder under the California felony-murder rule.3

            And if the allegation is that you committed vehicular manslaughter/gross vehicular manslaughter while under the influence of alcohol or drugs, then you would be charged under Penal Code 191.5 PC, California’s vehicular manslaughter while intoxicated law.4

        • And FYI. Im not a big fan of the drug war, or mass incarceration. In this case it’s appropriate. A man is dead. His son and family have a life-time sentence of living without him. There has to be punishment here. You can’t just recklessly kill someone and not have to pay a price for it.