LOS ANGELES >> A Pasadena man who was allegedly drunk and on probation for a previous DUI conviction when he rear-ended a car on the 110 Freeway in Elysian Park, killing an infant who was riding as a passenger, has been charged with murder, authorities said.
Prosecutors on Tuesday filed a charges of murder, DUI causing injury or death and driving with a blood-alcohol level above .08 percent against 26-year-old Jared Hale Lynch Silvestri of Pasadena in connection with Saturday evening’s crash on the northbound 110 Freeway near Stadium Way, Los Angeles County District Attorney’s Office spokesman Ricardo Santiago said.
An arraignment hearing scheduled Tuesday afternoon in Los Angeles County Superior Court was postponed until Dec. 15, he said.
Four-month-old Melanie Brown of Carson, who was riding as a passenger in a car driven by her grandmother, died at a hospital following the crash, according to California Highway Patrol officials and prosecutors. The grandmother and another 9-year-old granddaughter who was also riding as a passenger were hurt.
The 48-year-old La Crescenta woman was pulling her Chrysler over to the right shoulder when Silvestri approached from behind in a Volkswagen Jetta and slammed into the slow-moving Chrysler at “a high rate of speed”, CHP officials said in a written statement.
A third car became involved in the collision, but the driver was unhurt, according to the CHP.
Paramedics tool the injured grandmother and her two granddaughters were taken to Los Angeles County-USC Medical Center, where the infant girl succumbed to her injuries several hours later.
Silvestri was initially booked on suspicion of drunken driving following the crash, according to the CHP.
But after the young victim died, and it was determined that Silvestri has been convicted of DUI in another case eight months ago, prosecutors ultimately charged the defendant with murder.
Under California Law, a murder charge in a DUI case necessitates an accusation of “implied malice.”
Those convicted of DUI are generally issued what’s known as a Watson advisory upon sentencing. By signing the advisory, the convict is acknowledging that DUI is extremely dangerous to human life, and that if someone is killed as result of the convict’s DUI, prosecutors may file a murder charge.
Silvestri received just such a Watson advisory earlier this year, when he was convicted of misdemeanor DUI in March in a separate case, Santiago said.
He pleaded “no contest” to a count of driving with a blood-alcohol level greater than .08 percent in Pasadena Superior Court in March, Los Angeles County Superior Court. A second charge of driving under the influence of an alcoholic beverage was dismissed. Silvestri was sentenced to three years of summary probation,fined $390 and ordered to attend a three-month substance abuse counseling program.
If convicted as charged in the new case, Silvestri could face up to 25 years to life in state prison.
According to county booking records, Silvestri was being held in lieu of $2 million bail.