Thursday
October
30
2014
10:48 pm
Weather

  Home
  Local News
  State / National / World
  Sports
  Opinion / Letters
  Business
  Arts / Entertainment
  Lifestyle
  Obituaries
  Calendar
  Submit Event
  Comics / Games
  Classifieds
  DJ Designers
  Archives
  Advertise With Us
  About Us
 
 
 
 

Check out our archive of Dining Guides - Yum!

DA won’t retry driver for fatal collision: Man died after being hit by concrete garbage can in San Mateo
July 31, 2014, 05:00 AM By Michelle Durand Daily Journal

Josue Lopez

The driver whose out-of-control car sent a concrete garbage can flying into a San Mateo pedestrian who later died will not be retried for vehicular manslaughter because the deadlocked jury leaned so strongly toward acquittal, prosecutors announced Wednesday.

Instead, Josue Vicente Lopez, 28, is left facing up to three years in prison for felony hit-and-run which is the only count on which a jury convicted in the Nov. 24, 2012, collision. Sentencing is Sept. 12.

Chief Deputy District Attorney Karen Guidotti said her office considered asking Lopez to plead no contest to a misdemeanor vehicular manslaughter charge to avoid a second trial but ultimately decided that the nature of the jury’s split left a different verdict unlikely.

“It’s not as if we have a bunch of other evidence we could get in. The evidence is what it is,” Guidotti said.

The jury also split on a count of misdemeanor child endangerment charged because Lopez fled the scene with his 5-year-old child in the car.

The accident happened on the 1700 block of South Delaware Street after the driver of a green 1994 Chevrolet Camaro later identified as Lopez reportedly lost control of the vehicle while speeding out of the Kmart parking lot. The car reportedly jumped the curb, went onto the sidewalk and into a cement garbage container that dislodged and hit Aguiniga. Authorities say Lopez checked on Aguiniga after the crash but fled the scene in his car with his 5-year-old child. Responding police officers found Aguiniga pinned between the can and tree near a bus stop. Aguiniga later died at the hospital.

Lopez told police he left the scene because he was concerned that his son would be caught in deportation proceedings and wanted to take him home first, according to defense attorney John Elworth.

Elworth was not available to comment on the retrial decision.

michelle@smdailyjournal.com

(650) 344-5200 ext. 102

 

 

Tags: lopez, aguiniga, child, because, later, scene,


Other stories from today:

Coastal man gets fall molestation trial
Area expands for West Nile fogging in San Mateo
A night for the arts: San Mateo First Friday expands to three locations
 

 
Print this Page Print this Page  |  Bookmark and Share
<< Back
 
Return To Archives
 
  


 
 
 
Daily Journal Quick Poll
 
Now that the Giants have won three World Series titles in five years, would you say they are a dynasty?

Absolutely, yes
I would think so
Maybe one more would make them a dynasty
I don't like the word dynasty
Madison Bumgarner is a dynasty!

 

 
 
 
 
 
 
Multiple officers injured during World Series victory celebrations
Multiple San Francisco police officers were injured while attempting to disperse crowds and extingui..
Protesters storm Burkina Faso parliament, set fire
OUAGADOUGOU, Burkina Faso — Protesters stormed Burkina Faso's parliament Thursday, dragging furnit..
Maine nurse defies Ebola quarantine with bike ride
FORT KENT, Maine — A nurse who vowed to defy Maine's voluntary quarantine for health care workers ..
More >>  
 
 
  
 
  
 
©2014 San Mateo Daily Journal
San Mateo County notice of bulk sale