A man with a record of three prior DUIs is facing up to 22 years in prison after being been found guilty of a fourth DUI, which resulted in the death of a six-year-old boy three years ago, as reported by NBC Bay Area news and other media sites.
It took two trials to find G.W., 40, guilty of second degree murder and gross vehicular manslaughter while intoxicated.
According to Deputy District Attorney Angela Bernhard, it was during the second trial that a Santa Clara County jury found him guilty.
G.W. was driving home from a San Jose Bible study group while I.Y. and his family were returning from the Light of the World Apostolic Cathedral when the two cars collided on Quimby Road February 3, 2009.
I.Y. was attending the first grade at Valley Christian School when he died.
I.Y.'s mother, T.M.Y., a pastor at Light of World, was injured along with her older son, A.Y., now 11 years-old. Both testified during the trial but were not in court to hear the jury's verdict.
C.Y., I.Y.'s father, during a telephone interview with reporters said, "I am relieved. I've already forgiven him, but I want to make sure he learned his lesson and he will take time behind bars to reflect on what he did."
In regards to the loss of his son, C.Y. said, "We miss him, but we are a happy family, taking one day at a time."
Charlie Hendrickson was the public defender for G.W.
G.W. had unsuccessfully argued that the did not purposely run the red light that caused the crash. He explained that in an effort to time the lights as he approached the intersection, he mistakenly expected his light to become green while it remained red.
G.W. was found to have a blood alcohol content above the state's legal .08 percent to drive – G.W.'s was 0.11 percent.
Bernhard said that as G.W.'s verdict was read aloud he repeated to himself in disbelief, "It's a car accident. It's a car accident."
In 2010 G.W. was tried but the jury was hung on the murder charge; they found him guilty of injury alone.
Of the jury's guilty plea Bernhard stated, "Time and time and time again, this man was given powerful and personal lessons in the dangers of drinking and driving. Time and time and time again, he stubbornly ignored those lessons. This time, (I.Y.) had to pay with his life."
G.W.'s three prior DUIs, which also all included car crashes, were in 1990, 1997 and 1999. The 1999 DUI also involved an accident with a car driven by mother.
G.W. is due back in court on June 29 to schedule a sentencing date.
Whether you are facing your first or your most current charge for driving while under the influence, you must contact a DUI attorney to best represent you. A DUI attorney, versed in your state's laws that pertain to DUI, DWI, OUI and OWI can help you avoid heavy fines and jail time.