A man that was on his way to a DUI offenders class, and on a drinking binge, was sentenced to 20 years to life in state prison for killing another driver whose path he crossed, as reported by Lake County News.
B.F.W, 57, of Lucerne, was found guilty of the second-degree murder of J.B.G., 84, of Nice.
The sentence was handed down in the Lakeport division of Lake County Superior Court by Judge Andrew Blum.
B.F.W’s attorney, Komnith Moth, did not returned messages asking for comment.
Besides second-degree murder, B.F.W. also had a previous strike for the September 15, 2009 crash.
Deputy District Attorney John Langan said that B.F.W., while on probation for a past charge of DUI, had consumed a half-gallon of vodka beginning the night before he had the collision with J.B.G.
B.F.W.’s blood alcohol content proved to be two and a half times the 0.08 legal limit in California.
Langan contended that B.F.W. didn’t heed the warnings from others not to drive that night – which demonstrated “implied malice” – and made him susceptible to the second-degree murder charge.
The California Highway Patrol’s report showed that the accident occurred on the Nice-Lucerne Cutoff near Rodman Slough at approximately 1 p.m.
Reportedly B.F.W.’s 1985 Toyota Tercel was heading westbound when he crossed over the double-yellow lines and collided with two other vehicles that were coming from the opposite direction.
The Tercel ran into a 2000 Dodge Caravan driven by S.V. – a survivor in the crash – before ramming the left front 2003 Ford Focus that J.B.G. was driving.
The CHP report stated that all three were taken to Santa Rosa Memorial Hospital. B.F.W. was arrested after he was treated.
J.B.G. was moved to Reno for treatment after leaving the hospital, but he died from his injuries that same year.
Once J.B.G. was declared dead, and the cause of death was shown as injuries sustained in the accident, the charge was changed against B.F.W. He was to a face murder charge because of his “severe prior criminal history.”
B.F.W.’s criminal history is detailed as: two prior DUI convictions – one while on probation, a bank robbery in another state – in which he served time in Fort Leavenworth, a criminal threats case out of California – in Oklahoma, and a felony escape charge – in another state as well.
The bank robbery case had enough evidence to count as a previous strike.
B.F.W. agreed to plea guilty to murder, as the judge would move the bank robbery strike to a lesser penal code section. The agreement gave B.F.W. 10 less years in prison.
The judge stated that due to his criminal history that he doesn’t expect B.F.W. to ever be paroled.
B.F.W. has claimed to have no recollection of the accident as he said, in a written statement to the court, that he had blacked out.
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