Man charged with multiple DUIs hits and kills teen, CA officials say. ‘Why my baby?’
A 14-year-old was killed by an accused repeat DUI driver as she crossed a street while spending a day at the beach over Memorial Day weekend, California prosecutors say.
Joseph Alcazar, 30, of Fontana, who has two previous DUI convictions, was charged with multiple felonies in the death of Rosenda Elizabeth Smiley, the Orange County District Attorney’s Office said in a May 29 news release.
“A 14-year-old girl living the California dream enjoying a day of sun and sand at the beach with friends to kick off the beginning of summer is dead because of the selfish decision of a stranger,” District Attorney Todd Spitzer said in the release.
An attorney representing Alcazar did not immediately respond to McClatchy News’ request for comment on May 30.
Rosenda and two others were crossing the street “against a do not walk sign” about two blocks from Balboa Pier in Newport Beach shortly before 7 p.m. on Saturday, May 25, prosecutors said.
While one driver stopped to let the group pass, Alcazar, whose 8-year-old daughter was in the car while he drove with a “blood alcohol level twice the legal limit,” went around the stopped car, according to prosecutors.
Prosecutors said he hit Rosenda and ran over a 13-year-old girl’s foot.
Rosenda died on scene, Newport Beach police said in a post on X, formerly Twitter.
“Why my baby? Why my little girl, that quick?” Fillmore Smiley, the girl’s father, told NBC4 News. “She was precocious, stubborn, opinionated, feisty. At the same time, loving, caring, passionate, compassionate, talented, artistic.”
After the collision, a memorial for Rosenda decorated the intersection where she died, the Daily Pilot reported.
“Fourteen flowers — for the years of your life — may your spirit fly with the ocean breeze,” one note pinned to a light pole read, according to the newspaper. “Hoping everyone involved finds peace. Keeping you in our hearts here in Balboa.”
Alcazar was charged with multiple felony counts, including murder and driving under the influence of alcohol causing great bodily injury with two previous prior convictions, prosecutors said.
He was also charged with child endangerment, according to prosecutors.
If convicted of all charges, prosecutors said Alcazar could face “a maximum sentence of 15 years to life plus six years.”
Alcazar, who is being held without bail, will appear in court again on June 14, ABC7 News reported.
This story was originally published May 30, 2024 at 3:08 PM with the headline "Man charged with multiple DUIs hits and kills teen, CA officials say. ‘Why my baby?’."
