Key Takeaways:
– Jesus Carlos Temores, with four prior DUI convictions, is charged with murder.
– He allegedly caused a fatal crash on New Year’s Day, killing a pregnant woman and her unborn child.
– Temores’ blood alcohol level was over twice the legal limit of 0.08%.
– California’s Reproductive Privacy Act causes controversy surrounding charges for unborn child’s death.
California Man Faces Murder Charges Post New Year’s Day Crash
Jesus Carlos Temores, a Californian resident, is currently under arrest without bail, following his alleged involvement in a fatal crash on New Year’s Day. The 50-year-old man faces charges of murder for the deaths of Rachel Marie Gonzalez Gallegos, a 29-year-old expectant mother, and her five-month-old unborn child.
On the fateful day, Temores allegedly caused a head-on collision around 6:30 p.m.. It is reported that while driving eastward, he crossed double-yellow lines into the path of oncoming traffic. First, he hit an SUV head-on and then a sedan, before coming to a halt.
Immediate Aftermath of the Crash
After the dreadful incident, Gonzalez Gallegos, along with her unborn child, were immediately rushed to an emergency medical facility. Sadly, despite every effort, both lost their lives later that night. The driver of the SUV, unfortunately, suffered a head injury. Moreover, a four-year-old boy, seated in a car seat at the time of the crash, was treated for head lacerations and a concussion. Fortunately, the four individuals from the sedan escaped with minor injuries.
Evidence of Alcohol Impact in the Fatal Incident
Upon arrival at the accident scene, the responding officers noted signs of alcohol intoxication in Temores, including red and watery eyes and an evident smell of alcohol. He subsequently performed poorly on three field sobriety tests given. A pair of chemical breath analyses, conducted about an hour after the accident, demonstrated that Temores had a blood alcohol level of 0.172% and 0.177%, noticeably higher than the legal limit of 0.08%.
Murder Charges Leveraged due to Past DUI Convictions
Temores has a checkered past, with a DUI conviction in 2015 and three prior DUIs. The Mercury News reports that defendants with past DUI convictions are required to admit their propensity for dangerous behavior in court and undergo court-enforced education about driving under the influence.
Under the Watson murder theory, a legal framework in California, subsequent DUI resulting in death can lead to second-degree murder charges, replacing gross vehicular manslaughter while intoxicated charges. This theory applies to implied malice murders while under the influence, implying that although there was no intention to kill, the person carried out an act with potentially fatal consequences, with no regard for human life.
Controversy Surrounding the Charge for Unborn Child’s Death
Despite the murder charges for the death of Gonzalez Gallegos’ unborn child, the situation is a contentious one due to California’s Reproductive Privacy Act of 2023. This act allows every expectant individual the right to choose an abortion. Moreover, it defines abortion as “any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth”, indicating any procedure aiming to terminate a baby’s life.
Abortion is considered legal in California, up until the point of “viability”, leaving room for interpretation. Consequently, an abortionist can terminate a pregnancy at any stage, granting that the unborn child is deemed non-viable.
While the law appears to protect unborn children, the stark contrast remains evident. Gonzalez Gallegos and her unborn child’s lives were equally significant, and the law acknowledges this. However, it still allows other unborn children of the same gestational age to be purposefully terminated through abortion, rebranded as a woman’s right.
Continuing the Investigation
As of now, Temores remains in Santa Clara County jail awaiting further proceedings.