Anthony Guarino, 57, of San Diego was found guilty on account of gross vehicular manslaughter and felony DUI charges in connection with the Aug. 20 fatal DUI car accident that lead to the death of Marc Durham, 65, a Rancho Bernardo retiree.
Earlier in the case, Guarino admitted to drinking the evening the collision occurred. Prosecutors said he consumed a copious amount of whiskey, 11 shots of Jack Daniels to be exact, according to The San Diego Union Tribune.
Prosecutors in the case urged the jury to convict the man of all charges, including gross vehicular manslaughter, especially in light of Guarino’s “I don’t care” attitude. But defense said Guarino was innocent—a bad case of sleep apnea was to blame.
A defense lawyer in the case argued that Guarino fell into a “microsleep” before the crash occurred, brought on by his severe sleep apnea.
But the jury sided with the prosecutors as they revealed their verdict: guilty. Guarino now faces up to 13 years in prison for gross vehicular manslaughter and felony DUI charges.
The judge presiding over the case, San Diego Superior Court Judge John Einhorn, said Guarino did not pose a flight risk, and was allowed to remain out of jail on bond.
Sentencing will commence at a later date.
Know the law: avoid impaired driving
The legal limit for California drivers is a blood alcohol level of 0.08 percent or less.
Guarino’s BAC (blood alcohol content) was 0.15 percent two hours after the crash occurred. A witness in the case says his blood alcohol level could have been in the 0.20 range as the fatal DUI car crash occurred.
If you’ve been drinking, please do not get behind the wheel and drive. Countless cases of DUI-related wrongful death occur as a result of drinking and driving.
As for would-be drunken drivers, Elaine Durham, wife to Marc Durham, said, “I wish they could feel five minutes of the agony…”
We’ve compiled a list of local designated driving resources to use if you think you may be too intoxicated to drive. Consider putting these important phone numbers into your cell phone right now. You never know when you’ll need them.
Safe Ride Solutions
Designated Driver Services
If you have been injured in a DUI related car accident, or if a loved one has fallen victim to a fatal DUI car accident, call our San Diego personal injury attorneys right now at 1-800-655-6585 for a free and private legal consultation.