DUI, or Murder, For Driver Leaving Scene

Herald Salinas Bureau reports that Wilder Amaya, of Marino, is accused of leaving behind a dying passenger after crashing his pickup truck on Blanco Road on February 26.  

Amaya, allegedly very intoxicated and speeding, drifted off a rainy road and into a field.  He slammed into a power pole, at roughly 9:15 p.m. severely injuring his passenger, Samuel Cruz Garcia, of Seaside.

The first witness to the crash detected that while the driver was missing, Garcia was trying to move though still belted into his seat.  He died before paramedics arrived on scene.

Amaya was located six hours later, soaked in mud, and walking toward Marina.  He reportedly told California Highway Patrol officers that he had drifted off to sleep in a field after running away from the crash.

The testimony given at the preliminary hearing show that Amaya and Garcia had been steadily consuming alcohol since 3 p.m. that day, as was the habit for the two friends every Friday afternoon. 

They began drinking in the Home Depot parking lot in Seaside, and then the pair moved to a Marina restaurant and had several more drinks.  Some time during the afternoon Amaya also snorted cocaine.  By 8 p.m. they decided to drive to Amaya's sister and brother-in-law's home in Salinas.

Carlos Romero, Amaya's brother-in-law, testified that Amaya and Garcia were drunk when they arrived at his home.  Once there, Amaya started to harass Romero's son, so Romero asked him to leave - but not before telling him he was too drunk to drive and offering to drive him home. Amaya refused.

Romero, along with his wife and kids, followed Amaya in their car. When Romero caught up to Amaya, the truck was already in the field and Amaya was missing.

By 8:15 a couple called 911 to report a possible drunk driver, in a Toyota Tacoma with Amaya's license plate number, was weaving on Blanco Road. California Highway Patrol responded to the call, but didn't locate Amaya or the truck.

Amaya claims to have looked away from the road to adjust his radio when his car drifted into the mud and ran into a pole. Five hours after the accident his blood-alcohol was 0.08.  Department of Justice has guidelines that make that approximately 0.19 when the crash occurred, twice the legal limit.

Amaya was also convicted of drunk driving in 2003. The prior conviction is enough notice to Amaya of the dangers of drinking and driving. Steve Somers, the prosecutor in the case, has charged Amaya with both murder and gross vehicular manslaughter while intoxicated.  He stated, "We had someone tell the defendant minutes before. It was face front to him by a family member saying, 'Don't drive. I'll take you home.' He was warned and he did it anyway."

As Amaya left his friend behind to die, Somers claims Amaya has a "wanton disregard for human life." John Coniglio, Amaya's defense attorney, contends that there is no physical evidence of speeding as CHP officers testified that the rain washed away the tire-traction marks.

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