Driver in Wrong-Way Fatal Crash Will Face Four Murder Charges

A suspected drunk driver was charged Tuesday with four counts of second-degree murder in connection with a wrong-way collision last week on the Ventura Freeway in Agoura that killed four people.

Although prosecutors acknowledged that it is difficult to prove murder in an alcohol-related crash--as opposed to the usual charge of vehicular manslaughter--Los Angeles County Dist. Atty. Ira Reiner said several factors contributed to the decision to file the more serious counts against Daniel E. Murray.

Murray, 25, of Lancaster, had prior misdemeanor convictions for alcohol-related driving offenses--one in 1980 for driving under the influence and another in 1983 for reckless driving, Reiner said.

Blood Sample Taken

A blood sample, taken from Murray at a hospital about an hour after the 10:10 p.m. collision Thursday, showed a blood-alcohol reading of .19%, nearly twice the legal limit of .10%, the district attorney said.

And, unlike most drunk-driving cases, Reiner said, prosecutors have several witnesses who can chart the defendant’s driving behavior before the crash, providing evidence that he was aware of his actions and had time to pull to the freeway shoulder to avoid a collision.

At least five witnesses told police that the suspect drove an estimated four to five miles the wrong way in the freeway’s westbound lanes, sideswiped one car and hit a concrete divider before smashing into the vehicle in which the four victims were riding. Additional witnesses are calling in daily to report what they viewed, said Deputy Dist. Atty. Robert H. McIntosh, who will prosecute the case.

To prove second-degree murder, prosecutors must convince a jury that the driver knew that his actions were likely to cause injury. Such an awareness, defense attorneys routinely argue, is obscured under the influence of alcohol.

Reiner said the fatal crash was as much a murder as an armed robbery in which a store clerk is shot.

“Dead is dead,” he said.

Murray’s attorney, Charles R. English, countered that the two crimes carry “substantially different criminal intent.” He described his client as a family man who, in any other situation, could only be viewed as “a good person.”

“He’s heartbroken,” the lawyer said. “It’s an incredible human tragedy.”

Four Die in Crash

The victims were the mother, brother, grandfather and girlfriend of Jamaal Brown, a 17-year-old basketball player at Buena High School in Ventura.

Brown, riding home in a team bus after a game in Beverly Hills that the family had attended, happened upon the scene shortly after the accident occurred.

Reiner, with representatives of Mothers Against Drunk Driving (MADD) at his side, held a press conference at the Van Nuys courthouse Tuesday to announce the filing of murder charges.

Reiner said he wanted to publicize his contention that drunk driving cases are “not taken seriously enough” by the public.

Typical Attitude

“There is too much of an attitude of, ‘There but for the grace of God go I,’ ” he said. “It is time that the criminal justice system takes this seriously.”

In the last year, Reiner said, his office has successfully prosecuted five drunken drivers for second-degree murder. He could not provide statistics, however, on the number of motorists who were charged with second-degree murder but who were convicted of lesser offenses.

Murray’s arraignment was continued until Jan. 2 at the request of his attorney.