The police officer who apparently caused a fatal Orange County car accident in April killing La Habra residents, Charles and Suzanne Antuna, should face vehicular manslaughter charges in connection with the incident, California Highway Patrol officials have concluded after a five-month investigation. According to a news report in The Orange County Register, CHP officials have made the recommendation to the Orange County district attorney's office that La Habra police officer Nancy Garcia should be held accountable for running a red light and ramming into the Antunas' car at a La Habra intersection. Garcia, a two-year officer, was responding to a call involving a parolee and had her lights and siren on at the time, officials said.

Antunas' surviving children have filed an $18.5 million lawsuit against the city charging that Garcia was responsible for the couple's death. The claim also states that an off-duty officer helped Garcia soon after the crash, but left the more seriously injured couple in the car until CHP officers arrived several minutes later. La Habra police will also do an internal review and following that, the case will be presented to the district attorney, who will then make the final decision about pursuing vehicular manslaughter charges.

California Penal Code: Vehicular Manslaughter

California Penal Code Section 192 (c) defines vehicular manslaughter as "…driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence."

The Antuna family has a wrongful death claim against the city in this case. When the incident occurred, the police officer was responding to a call involving a parolee, who was eventually arrested. But the question is: Was she following her own department's policies and procedures in doing so? Was it really necessary for her to blow a red light and drive 62 mph on a city street at an intersection, putting public safety at risk? Had this police officer exercised a little more caution, this accident would not have taken place and the Antuna children would still have their mother and father.

Claim for Fair Compensation

I hope CHP and La Habra Police Department conduct a fair investigation and make sure that Garcia is brought to justice. In my opinion, the city should offer a fair settlement to the Antuna family. As an Orange County personal injury lawyer who has represented injured clients and their families, I know and understand that no amount of money can compensate or take the place of loving parents. But the money from this settlement will hopefully help the children move forward and help them build a strong future for themselves.

The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our source for the facts is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, please contact us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. Most of the best law firms will provide accident victims a free consultation.

We cannot fully inform any party or family member about their rights, options or the economic viability of any claim for compensation without a full investigation and consultation. We will not be conducting an investigation into this matter unless we are retained by a party. We will provide a free, confidential consultation to any, not at fault, person named in this article. The free consultation offer extends to family members as well.