A man facing second-degree DUI murder charges for striking and killing a San Jose community service officer with his vehicle while intoxicated has been released on bail, thanks to the intervention of criminal defense attorney Allen Sawyer of The Law Offices of Allen Sawyer. Arguing on his client’s behalf at the Santa Clara County Superior Court on December11, 2024, Sawyer ensured that Juan Huerta-Palacios, 44, of Morgan Hill, was found eligible for release on $50,000 bail.
According to an article from NBC Bay Area, on August 3, 2024, Huerta-Palacios caused the death of community service officer (CSO) Long Pham when he was driving while intoxicated and his car struck Pham and another CSO while they were managing traffic on Monterey Road in San Jose. Pham died at the scene; the other CSO was hospitalized with critical injuries. Initially Huerta-Palacios was arrested under suspicion of felony vehicular manslaughter, but he was eventually charged with second-degree DUI murder.
This type of second-degree murder charge, involving fatalities caused by DUIs, is known in California as “Watson murder.” The name comes from the 1981 California Supreme Court case People v. Watson, in which the court determined that an intoxicated driver responsible for a fatal accident can be convicted of murder. In the case of a Watson murder charge, prosecutors file a second-degree murder charge (PC 187) for a DUI fatality instead of gross vehicular manslaughter while intoxicated (PC 191.5(a)), or vehicular manslaughter while intoxicated (PC 191.5(b)). Watson murder convictions can bring the following penalties:
- A 15-year prison sentence
- A fine of up to $10,000
- A “strike” on the defendant’s record according to California’s “Three Strikes” law
A PC 187 murder charge typically comes when the defendant has at least one prior DUI conviction and he/she can potentially be proven by prosecutors to have demonstrated implied malice, or a conscious and deliberate disregard for life. Huerta-Palacios had prior DUI charges on his record before the charge of causing Phan’s death.
In spite of the gravity of the charges against his client and his “no bail” status, Sawyer endeavored to secure Huerta-Palacios’s release on bail. In the end Sawyer convinced Santa Clara County Superior Court Judge Robert Hawk that Huerta-Palacios was neither a threat to the community nor a flight risk. After ordering him to adhere to various special conditions of release, the judge exercised his discretion to release Huerta-Palacios on $50,000 bail.
“This was a great success for us today,” said Sawyer. “We’re very gratified that the court agreed to grant my client’s release on bail.”
About California Defense Attorney Allen Sawyer
With offices in Stockton, San Jose, and Sacramento, The Law Offices of Allen Sawyer comprise unparalleled attorney representation for a range of legal matters across the state. Additionally, Mr. Sawyer can be seen regularly on local television news, handling cases for politicians, celebrities, sports figures, and matters in the public eye.
Sawyer brings over 20 years of experience as a California attorney, including time spent as a prosecutor, to his California defense attorney practice. Misdemeanors and felonies, Allen Sawyer litigates California criminal defense cases including, but not limited to the following: California Criminal Defense, Stockton Drug Crimes Defense, California Embezzlement Defense, Federal Crimes Defense, and San Francisco White Collar Defense.
His distinctive legal experience and his passionate dedication uniquely situate him to provide criminal defense to clients in Stockton, Sacramento, San Francisco, Northern California, Los Angeles, and San Diego. Mr. Sawyer fights for the rights of the accused. For more information or to schedule a consultation, please contact Allen Sawyer directly at (209) 645-0556, or visit the law firm website: https://www.allensawyer.com/