Posted: Apr 23, 2012 6:18 PM by Stephanie Ryan
Updated: Apr 23, 2012 6:30 PM
HOLDEN - A man with double the legal blood alcohol faces a laundry list of charges, after he hit and killed a man, then drove away, according to State Troopers.
Manual "Jesus" Garcia could face thirty years in prison if he is convicted of vehicular homicide, DWI, reckless operation of a vehicle, hit and run, and vehicular negligent injuring.
State Troopers say Garcia rear-ended a car headed north on Highway 441 just south of Highway 190 near Holden Sunday night. That crash sent the car into a ditch lined with trees, troopers said.
Dean Albares, 54, was killed. His passenger, Lori Histand, ended up in the hospital with injuries.
Troopers said Garcia left the scene of the accident. They found him a quarter mile away and badly bruised.
Garcia's family says he would never leave the scene of an accident, but admits he blacked out. They say Garcia had been on an all-day fishing trip, but had quit drinking seven hours before the crash. They insist he was not intoxicated.
"He blacked out. That's how he ended up there. There was fluid all over the road. His breaks went out. He would never leave the scene," Leslie Pennington told News 2.
"I don't believe he drove. He was out of it," Pennington said.
Roxanne McAllister, Garcia's mother-in-law, describes Garcia as a man with a "heart of gold," who would never drink and drive. She chalks it up to "just a freak accident."
State troopers say a breathalyzer tells a very different story, with a blood alcohol content of more than double the legal limit.