Manslaughter charges will not be filed in fatal motorcycle collision

Monterey County District Attorney Dean D. Flippo announced today that manslaughter charges will not be filed against 60-year-old Miriam Smith for her part in a fatal collision that happened on August 18 in Seaside.

She will however but she will be charged with driving without a valid driver’s license and no insurance.

On August 29, 2017 23-year-old Jesse Lopez of Marina, rode his motorcycle on Fremont Blvd. in Seaside, traveling in the slow lane. At that same time and general location, Ms.Smith drove her Dodge Van in one lane when she decided to change to his lane. In doing so, her car collided with Mr. Lopez, knocking him off his motorcycle and causing his death. Seaside Police Department investigated the collision and ultimately arrested Ms. Smith for vehicular manslaughter for failure to yield before the lane change, no driver’s license, no insurance, and delaying the investigation.

Further investigation by the Monterey County District Attorney’s Office found that there was insufficient evidence to prosecute Ms. Smith for vehicular manslaughter. A vehicular manslaughter requires proof beyond a reasonable doubt that the defendant was negligent and caused the death of the victim. This means the prosecution must prove that because the defendant did not exercise reasonable care, her fault caused the death of the victim.

The speed limit was 30 MPH. No witness could testify that Mr. Lopez was traveling within the speed limit. His injuries, as reported by two doctors who examined his body, indicated he traveled at a high rate of speed, well above the speed limit. The damage to the side of Ms. Smith’s vehicle where it collided with the motorcycle corroborated that inference. There was insufficient evidence to prove beyond a reasonable doubt that Ms. Smith had a reasonable opportunity to observe Mr. Lopez on his motorcycle when she changed lanes. Therefore, this office could not demonstrate the accident was a crime.

However, Ms. Smith was driving on an expired license and without insurance. Accordingly, those two charges will be filed.