The officer was charged with murder in addition to vehicular manslaughter.
On September 26, 2017, Officer Edgar Verduzco of the Los Angeles Police Department (LAPD) was drinking at a bar in Whittier, California. An Instagram account that appears to be Verduzco’s shows him at the bar in his uniform, with the hashtag #DontDrinkAndDrive.
Verduzco left the bar, and got behind the wheel of his LAPD Chevy Camaro patrol car. He was traveling along the 605 in the carpool lane, allegedly speeding. He then rear-ended a Nissan carrying a family of three: Mario Davila, 60, Maribel Davila, 52, and their son, Oscar Davila, 19. The Nissan burst into flames, and all three members of the Davila family died. Verduzco’s patrol car then struck a second vehicle. The occupant of that vehicle suffered minor injuries, as did Verduzco.
Police officers responded to the fatal accident scene. According to the California Highway Patrol, Verduzco showed signs of intoxication. Despite this, he was not given a roadside breathalyzer test (also known as a preliminary alcohol screening). Later, a blood test revealed that Verduzco was intoxicated at the time of the crash. The results of that blood test have not been publicly released.
In April 2018, Verduzco was arrested on three counts of second degree murder, three counts of gross vehicular manslaughter while intoxicated and DUI causing injury. He was arraigned, and his bail was set at $6.1 million.
According to a Los Angeles DUI defense lawyer, Verduzco is being charged with DUI murder, which is more commonly known as “Watson murder.” The name comes from a 1981 California case where a drunk driver was convicted of murder for killing someone while driving under the influence. It is typically charged when someone has at least one prior DUI offense and causes an accident while drunk driving that kills someone else. As a Los Angeles DUI defense lawyer can explain, the prior DUI is a critical element in this offense, because it demonstrates that the person has been warned of the risks of driving under the influence. If a person has not had a prior DUI, received what is known as a Watson warning from a judge, or gone to DUI school, they will likely be charged with either gross vehicular manslaughter or vehicular manslaughter instead.
In this case, there is no indication that Verduzco has a prior DUI conviction. It is unclear why the prosecutor has chosen to charge him with DUI murder instead of with just gross vehicular manslaughter. It may be that because of his position as a LAPD officer, who was tasked with apprehending people suspected of driving under the influence, he was uniquely aware of the dangers of driving under the influence. If this is the prosecutor’s theory, it will be interesting to see how this plays out as the case moves forward. Will a court buy that being a police officer is enough to qualify as knowledge of the risks of driving under the influence under Watson?
Any type of DUI charge in California can lead to serious consequences. That is why it is vital to hire a top notch Los Angeles DUI defense lawyer. If you have been charged with a DUI or related offense, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Initial consultations are always free.
