Baby dies after DUI

Cops: Baby dies after DUI driver strikes pregnant woman

Cops: Baby dies after DUI driver strikes pregnant woman

Cops: Baby dies after DUI driver strikes pregnant woman

VAN NUYS, Calif. -- Police in southern California say a DUI driver is facing a murder charge after he swerved into a pregnant woman's car, causing her to give birth to her child, who died soon after.

25-year-old Julian Gutierrez of North Hills has three previous DUI convictions from 2014, 2015 and 2016, reports CBS LA.

In the May 26 crash involving the pregnant woman, police say Gutierrez veered his Nissan Altima into incoming traffic in Van Nuys, striking the victim's Acura Integra head-on.

The pregnant driver of the Integra was rushed to the hospital where her baby was born, reports the station. The girl died soon after birth.

The woman was seriously injured. She had been eight months pregnant, according to the Los Angeles Times.

Gutierrez faces one felony count each of murder, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol, causing injury within 10 years of two other DUI offenses and driving with a .08 percent blood alcohol content causing injury within 10 years of two other DUI offenses, according to the Los Angeles District Attorney's Office.

Gutierrez reportedly pleaded not guilty to the charges and was ordered held on $2 million bail. If convicted, he faces a possible maximum sentence of 25 years to life in state prison, reports CBS LA.

The judge wrote that blood samples used as evidence in criminal cases must be analyzed in a state approved laboratory “to ensure consistency, reliability and validity of results.” Malott’s attorney Joseph Miller had also moved to throw out the statements that Malott allegedly made to the state trooper from a hospital bed, citing violation of Malott’s Miranda rights.

The judge did not throw out that evidence and Payette County Prosecutor Ross Pittman wrote in a court document that Malott made the alleged statements to the officer on his own volition and that he had not been detained by police, which would have required the officer to inform Malott of his Miranda rights.

Malott’s attorney Joseph Miller confirmed Friday that no resolution has been reached in the case and that he is planning to proceed with trial beginning Oct. 5.

“We are maintaining that he was not intoxicated and that the crash was caused by the driver of the Malibu,” Miller said.

Facing disciplinary action by the city, Malott resigned as Nampa Fire Chief in December. He was named Chief in 2009.

Nampa spokeswoman Vickie Holbrook said in November that Malott will get the same benefits as all city employees, including a payout of unused personal leave. She said he will also have access to his personal retirement fund.

He is scheduled to return to court on June 13.

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