Riverside, California police have arrested a 38-year-old woman named Soukvilay Barton, who they say ran over her own father when he was attempting to prevent her from driving drunk (source). According to police, she backed out of a garage and struck her father. He later died in the hospital.
She has been charged with 2nd degree murder—also known as Watson Murder or California DUI Murder. This means prosecutors will attempt to prove that since she has previous DUI convictions, she should have known that drunk driving could injure or kill others.
The term Watson Murder comes from a 1981 California State Supreme Court case, People v. Watson. The outcome of this case indicated that someone could be charged of second-degree murder if they had killed someone in an accident while driving drunk.
There are 3 key elements that prosecutors will need to prove beyond reasonable doubt to convict Ms. Barton of Watson Murder:
- The death resulted from an intentional act (in other words, Ms. Barton struck her father on purpose, which may or may not be the case.)
- The natural consequences of that act are dangerous to human life (in other words, what happened when Ms. Barton drove out of the garage typically results in serious injury or loss of life.)
- The defendant knowingly acted with conscious disregard to that fact. There need not be intent to kill another human being. (In other words, if this statement applies to Ms. Barton’s case, she knew that what she was doing was extremely dangerous, but she disregarded that. Perhaps she didn’t mean to kill her father, but she disregarded the dangerousness of the situation.)
Depending on the specifics of the case, the 3rd and final key statement can be the most difficult to prove. Prosecutors will have to prove exactly what Ms. Barton’s mental state was right before backing out of the garage and make sure she felt what is known as “implied malice”—conscious disregard for human life.
If the defendant, Ms. Barton, signed a Watson advisement (a document that explains the dangers of driving under the influence and what could happen if someone is seriously injured or killed because of drunk driving) or attended DUI school, the prosecution will often present documentation about that as evidence that she knew about the dangers of DUI.
If convicted in Los Angeles, Orange, Riverside, or Ventura County, Ms. Barton could expect to have to spend 15 years to life behind bars.
But all hope is not lost—there are definitely ways that her case could be dismissed or reduced to a lesser charge, such as manslaughter, if she has an excellent lawyer to represent her case. Perhaps the attorney could prove that the chemical tests to test her alcohol level were administered improperly or are inaccurate, or at the time she was driving, her levels weren’t as high.
The best choice in Southern California is Dan Chambers of the Chambers Law Firm. He specializes in DUI cases, and he has successfully dealt with many DUI charges, including Watson Murder.
If you’ve been slapped with a DUI charge, whether it’s a misdemeanor or a felony, you’ll want to be sure to get the best representation possible. Call 714-760-4088 to schedule a free consultation with Dan Chambers, the most professional and proven criminal defense attorney in Southern California.
