Repeat DUI driver had daughter in car when he struck, killed teen on Memorial Day weekend
NEWPORT BEACH, Calif. - A 30-year-old man who has two prior DUI convictions has been charged with murder and DUI after hitting and killing a 14-year-old girl who was crossing the street in Newport Beach Memorial Day weekend.
According to the Orange County DA's Office, Joseph Alcazar was driving with a blood alcohol level twice the legal limit and had his 8-year-old daughter with him in the car when he struck the 14-year-old pedestrian. He also ran over a 13-year-old girl’s foot.
Alcazar was charged with one felony count of murder, one felony count of driving under the influence of alcohol causing great bodily injury with two previous prior convictions, one felony count of driving under the influence of alcohol with a BAC of .08 or higher with two previous prior convictions, and one misdemeanor count of willful endangerment of a child.
He faces a maximum sentence of 15 years to life plus six years if convicted on all counts.
The deadly collision happened Saturday, May 25, around 6:50 p.m. on E. Balboa Blvd. near Palm St.
PREVIOUS COVERAGE: 14-year-old girl struck, killed in Newport Beach; driver arrested
According to the DA's office, Rosenda Elizabeth Smiley and two others were crossing the street against a "don't walk" sign. A driver stopped to let the group of pedestrians cross the street, but another driver, later identified as Alcazar, went around the stopped car and hit Smiley. He also ran over the foot of another teenager. Smiley died at the scene.
Alcazar allegedly stopped his car a short time later after hitting Smiley.
His 8-year-old daughter and another man were inside the vehicle at the time of the deadly collision.
Alcazar was arrested on suspicion of homicide and cruelty to a child. The DA's office said Alcazar has two previous out-of-county driving under the influence convictions, including one related to a single vehicle collision which left him seriously injured.
"A 14-year-old girl living the California dream enjoying a day of sun and sand at the beach with friends to kick off the beginning of summer is dead because of the selfish decision of a stranger," said Orange County District Attorney Todd Spitzer.
"A repeat drunk driver not only took the life of a little girl, but he also endangered the life of his own daughter by getting behind the wheel after drinking and traumatized her and the other young girls who witnessed him hitting and killing a teenager."
California drivers convicted of DUI are required to be given what is known as a Watson advisement that informs them that if they kill someone while driving under the influence, they can be charged with murder.