DUBLIN — A Bay Area man was sentenced to what amounts to a nine-month jail stint after pleading no contest to drunk driving in connection with a March 2021 fatal car crash, court records show.
Jose Dejesus Gonzalez, 50, of Hayward, was sentenced to 179 days in jail on Sept. 25, three months after Gonzalez had been remanded to Santa Rita Jail pending his sentencing hearing. Alameda County Superior Court Judge Barbara Dickinson handed down the sentence.
It was a bizarre case for many reasons, not the least of which was the defense’s ultimate position. Gonzalez’s lawyer argued that not only was Gonzalez not responsible for killing the pedestrian he struck, but that despite pleading no contest to drunk driving and having a blood-alcohol level of .13, he wasn’t actually drunk at the time of the crash.
Gonzalez was driving through Hayward on March 13, 2021, when pedestrian Charles Laramore was crossing the street. Laramore was struck by the mirror of Gonzalez’s large pickup truck. He fell to the ground and was struck by a second oncoming car while still lying on the pavement, according to court records.
It was that second car, according to the defense, that was responsible for Laramore’s death. In a motion that also highlighted Laramore’s arrest history and methamphetamine in his system, defense lawyer Hristo Bijev wrote that “alcohol was not absorbed in (Gonzalez’s) system at the time of driving,” and that his blood alcohol level actually rose during the next three hours leading up to Gonzalez’s blood test.
Bijev argued for no jail time whatsoever, describing his client as a good person who got into a car crash, tried to help Laramore, and cooperated with police.
The plea deal required Gonzalez to accept a conviction of drunk driving causing injury, and in return prosecutors dropped a vehicular manslaughter charge. It was an open plea deal, allowing Dickinson to sentence Gonzalez up to one year behind bars.
Gonzalez — whose last name is also spelled Galban-Gonzalez and Galvan Gonzalez in court records — can have his sentence reduced by up to 50 percent with good behavior, court records show.
Source: www.mercurynews.com