CA, Fresno man faces DUI trial in two deaths

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http://www.fresnobee.com/2010/11/18/2165322/trial-ordered-in-april-crash-that.html
Fresno man faces DUI trial in two deaths Attorney, prosecutor say man was drunk and had marijuana. Posted at 03:19 PM on Thursday, Nov. 18, 2010 By Pablo Lopez / The Fresno Bee Share
Trial ordered in death of Fresno bicyclist
Trial ordered in death of Fresno bicyclist
A judge on Thursday ordered a trial for a Fresno man accused of running into two people -- killing one -- while allegedly driving under the influence of cocaine.
Kenneth Almeda, 45, will faces felony charges of gross vehicular manslaughter, driving under the influence of drugs, hit and run, and using violence or threats to deter police, Judge Jon Nick Kapetan said Thursday after hearing several witnesses testify at Almeda's preliminary hearing.
Among the witnesses in Fresno County Superior Court was Lodis Gant, 62, who testified that he saw Almeda drive his car over the bicyclist, Ignacio Rebullosa, on Parkway Drive near Belmont Avenue in west Fresno during a sunny day on Sept. 12.
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A Fresno motorist who was drunk and had marijuana in his system will stand trial for allegedly causing a collision that killed two people on a motorcycle in April, a Fresno County Superior Court judge ruled Thursday.
But the attorney for defendant Jose Calderon said the victims -- Kenneth Klein and passenger Jeri Lyn Perry -- may have contributed to their deaths at Blackstone and McKinley avenues near Fresno City College.
They wore defective motorcycle helmets that weren't strapped on properly, attorney Vijay Dinakar said.
Despite Dinakar's assertion, Judge Wayne Ellison ordered Calderon, 25, to stand trial on felony charges of drunken driving, two counts of gross vehicular manslaughter and hit and run.
If convicted, Calderon faces as much as 17 years in prison.
Ellison made his ruling after Dinakar and prosecutor Stephanie Baldovi stipulated at Calderon's preliminary hearing that he had 0.22% blood-alcohol content, or nearly three times the legal limit of 0.08%, and also had marijuana in his system.
According to police, Calderon was speeding east on McKinley when he rear-ended Klein's Harley-Davidson motorcycle about 11 p.m. April 16. Police found Klein and Perry sprawled on the ground with their helmets on the roadway.
Calderon initially took responsibility for the fatal collision. In July, he pleaded no contest to gross vehicular manslaughter, drunken driving and hit and run. At the time, Judge Jon Nick Kapetan indicated that he would sentence Calderon to 17 years in prison, but Calderon would have to serve only half of the sentence.
But when Calderon appeared in Kapetan's court for sentencing in August, the judge told him that the law mandates that he serve 85% of the sentence. Kapetan allowed Calderon to withdraw with plea, which he did.
Thursday, Ellison held a preliminary hearing to determine whether there was enough evidence for Calderon to stand trial.
At the hearing, Fresno police officer Jacob Dellone testified that Calderon drove off after hitting the motorcycle and then abandoned his car. Officers captured him that night near his home, he said. He failed a sobriety test, the officer said.
Fresno police detective Jason Musser testified that a piece of Klein's motorcycle was found under Calderon's car. Musser also testified that Klein died of head injuries three days later. Perry died of brain injuries May 7, he said.
In addressing the judge, Dinakar said Musser's report also said Klein's and Perry's helmets were not approved by the Department of Transportation. He also said his client's view of the victims was obstructed by a slight hill on McKinley Avenue where trains cross.
Klein was a counselor for Madera County Behavioral Health Services and Kings View Community Services. Two hours before the collision, he was helping people in a DUI program, relatives said.