Anthony Guarino, 57, of San Diego, California, will stand trial on felony charges of gross vehicular manslaughter while intoxicated, DUI and other charges, following a deadly crash that killed an area father.
According to an article from 10 News, Marc William Durham was killed in the crash of August 20, 2010. He was a father of five who was driving his family to the movies when they were rear-ended by Guarino’s BMW as they pulled up to a red light. Afterward, Guarino was charged with drunk driving in California.
Durham, a former security chief for General Dynamics, had retired just one week before he was killed in the accident. Other members of his family were in the car at the time of the DUI crash, though they escaped with injuries, saying that their father got the worst of it.
Guarino was allegedly drunk at the wheel of his BMW, and he will stand trial on the felony DUI charges after admitting to police that he had been drinking whiskey at a bar before he took to the roads that night.
The accident happened at about 9 p.m. The accident investigator in the case told the court that Guarino was traveling between 50 and 60 miles per hour in the BMW when it hit the Toyota Corolla owned by Durham.
When Guarino rear-ended the car, it started a chain reaction of collisions, and ultimately four other vehicles were involved, with additional injuries to passengers in those vehicles, including an 8-year-old boy.
Guarino told police that he had consumed around five Jack Daniels before he headed home from the bar. He admitted to police also that his driving was affected by how much alcohol he drank, but, according to the article, “he didn’t know how.”
Officers at the scene determined based on their judgment and observation that Guarino was intoxicated. When his blood alcohol content was measured several hours later, he registered a BAC of .15 percent, which is well over the .08 legal limit for driving while intoxicated. And it is likely, according to the claim of Deputy District Attorney Chandelle Konstanzer in court, that it was much higher at the time of the accident.
The defense for Guarino made the argument that his client was not guilty of gross negligence, and that a sleep apnea condition may have contributed to Guarino passing out while at the wheel.
The trial is set for early December, and Guarino is free on $100,000 bail, but he is not allowed to drink alcohol or drive.