San Luis Obispo, California – A San Luis Obispo County jury has delivered multiple guilty verdicts against Earnesto Nava Herrera in a tragic case that involved murder, gross vehicular manslaughter while intoxicated, hit and run causing death, driving under the influence of alcohol causing great bodily injury, and driving on a suspended license. District Attorney Dan Dow made the announcement today, emphasizing the severity of the charges.
Herrera faced charges of second-degree murder, gross vehicular manslaughter while intoxicated, hit and run causing death, driving under the influence of alcohol causing great bodily injury, and driving on a suspended license. The jury found him guilty on all counts after a trial that lasted almost three weeks.
During the trial, jurors heard the harrowing details of the incident that occurred on the evening of March 27, 2021. Herrera, heavily intoxicated, crashed into metal pipe fencing and knocked over a tree. He then fled in his vehicle, entering Highway 101 using the Tefft Street off-ramp. In a dangerous turn of events, Herrera drove the wrong way on the off-ramp, narrowly avoiding a head-on collision with another vehicle. Despite the close call, Herrera continued to accelerate northbound on Highway 101 against traffic. Tragically, he collided head-on with another vehicle, resulting in the death of a 14-year-old and causing serious injuries to two others.
After crashing, Herrera abandoned his disabled vehicle and fled on foot. California Highway Patrol located him approximately an hour later, using a helicopter equipped with FLIR (forward looking infrared) technology. Herrera was found crawling near the freeway, attempting to evade detection. Subsequent testing revealed that his blood alcohol level was .164, nearly 2 ½ hours after the devastating crash.
This devastating incident could have been prevented, as Herrera had been previously arrested for driving under the influence. Just three months prior to the fatal collision, he was arrested for DUI and presented with the admonition that driving under the influence poses a significant danger to human life.
Assistant District Attorney Eric Dobroth expressed his grief, emphasizing the need for accountability when it comes to impaired driving. He stated, “As this incident so heartbreakingly illustrates, driving while impaired puts every life on the roadway in peril. We are committed to aggressively prosecuting those who choose to drive under the influence of alcohol or drugs, and we will not hesitate to charge murder when appropriate.”
The case was investigated by the California Highway Patrol, with assistance from the District Attorney’s Bureau of Investigation. Deputy District Attorney Melissa Chabra led the prosecution.
Herrera now faces the possibility of life imprisonment. His sentencing is scheduled for March 5, 2024, in Department 6 of the San Luis Obispo County Superior Court, presided over by Judge Michael S. Frye.
To prevent similar tragedies, the District Attorney’s office urges the public to report suspected impaired drivers by contacting 911. They also encourage individuals who find themselves intoxicated and unable to drive to call a friend or a ride service, or simply wait until they are sober. Additionally, if someone witnesses an individual about to drive while impaired, they are urged to intervene and prevent them from taking dangerous actions.
For further information, Assistant District Attorney Eric J. Dobroth can be reached at 805.781.5819.
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