Prosecutors charged an allegedly drunk driver with second-degree murder for the March deaths of three people whose car was struck by him as he fled from another accident into oncoming traffic.
Denis Pereria Demacedo, 28, of Sunnyvale, was charged with three counts of gross vehicular manslaughter along with several other charges but prosecutors amended the case to three counts of second-degree murder for the deaths of Josefa Osorio Acevedo, 50, and her sons Amado Osorio Acevedo, 23, and Josue Osorio, 14, all of Daly City. Amado Acevedo’s girlfriend was also critically hurt.
The decision postponed a preliminary hearing scheduled for yesterday until Oct. 9.
Murder charges are warranted because three people died, investigation showed that his heavy drinking was done prior to the crash and, since he was on probation for drunk driving, he should have known better, said District Attorney Steve Wagstaffe.
“We looked at what kind of classes he took, what did he learn about the dangers of drunk driving and we believe a jury will agree he knew better,” Wagstaffe said.
Defense attorney John Elworth did not return a call about his client’s increased charges.
Demacedo is also charged with felony driving while intoxicated in the March 2 fatal crash and hit-and-run for the earlier rear-ending of a stopped car. He was leaving the scene of that fender-bender a block away when he pulled his BMW into oncoming traffic to maneuver around the driver he had rear-ended, accelerated and collided with a red Toyota Tercel pulling away from the curb to make a U-turn on the 100 block of Eastmoor Avenue in Daly City. Pereria Demacedo sped 60 mph in a 30 mph zone, broadsiding the Tercel and pushing it 150 feet, according to prosecutors.
Demacedo was not injured and remained at the scene where he was arrested.
Demacedo’s blood alcohol level was .15 several hours after crash and was ultimately pinpointed at .18.
Demacedo’s speed was also better identified between 60 and 65 mph, Wagstaffe said.
He remains in custody without bail.
(650) 344-5200 ext. 102