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Daly City Triple Fatality Caused by Man Who Was Drunk According to DA

March 21, 2013June 4th, 2018Criminal Defense, San Mateo

A March 9 traffic collision in Daly City which took the lives of three individuals was caused by a man who was allegedly found to have a blood alcohol level more than double the legal limit, according to  news article at Mercury News.  The fatalities occurred when the vehicle the victims were in was struck by a vehicle driven by 28-year-old Denis Pereira Demacedo of Sunnyvale.

The victims were a mother and her two sons, 50 year-old Josefa Osorio Acevedo, 23-year-old Amado Osorio Acevedo, and 15-year-old Josue Osorio.  Amado Acevedo’s girlfriend was also riding in the vehicle, but escaped with critical injuries.  The family was reportedly in a small Toyota vehicle, and was attempting to make a U-turn in the street when they were struck by Demacedo in the 100 block of Eastmoor Avenue; he was driving at speeds of approximately 60 mph.  Two hours after the crash took place, it was determined that Demacedo’s blood alcohol level was .18.

News reports indicate that Demacedo had struck a parked vehicle prior to the crash, and that he was driving at excessive speed to escape the area.  According to San Mateo County District Attorney Steve Wagstaffe, Demacedo will likely face a misdemeanor hit-and-run charge for that incident.

According to deputy district attorney Joe Cannon, Demacedo was on probation when the crash occurred on Saturday for a misdemeanor drunk driving conviction in Santa Clara County.

Demacedo is from Brazil and speaks Portuguese; because there was no translator available at the time he was incarcerated, San Mateo County Superior Court Commissioner Kathleen McKenna delayed his full arraignment until Thursday.  She is holding the suspect without bail.

On the day of the accident, Demacedo had played soccer and was drinking at a pizzeria in Daly City; he rear-ended a vehicle parked on Eastmoor as he was leaving the restaurant, but sped around it to escape according to Assistant DA Al Serrato.  It was after this incident that the Osorio Acevedos, who were parked in a streetside spot on Eastmoor, attempted to pull out of the spot and make a U-turn when they were struck by Demacedo’s vehicle, a BMW.

Demacedo has been charged by San Mateo prosecutors with two counts of drunken driving and three counts of vehicular manslaughter while intoxicated.

As all experienced San Mateo vehicular manslaughter attorneys know, the penalties for those convicted of this serious criminal offense vary depending on the circumstances.  In this case, if the defendant is found guilty of vehicular manslaughter while driving under the influence he may face a sentence of 15 year to life due to his prior drunk driving conviction.

If you have been charged with vehicular manslaughter, murder, homicide, or any extremely serious offense, it is imperative that you consult with a skilled San Mateo criminal defense lawyer right away.