Man Faces Murder Charge in Drunk Driving Death : Crime: Defendant has five prior DUI convictions. ‘Malice aforethought’ must be proven to convict him.

A Van Nuys man who already has five drunk driving convictions faces murder charges for allegedly driving under the influence of alcohol when he struck and killed a woman last week, officials said.

Randolph Gene Higgins, 44, pleaded not guilty to the charge Tuesday in a case that carries a mandatory state prison sentence of 15 years to life if he is convicted.

Marsha Morse, a 52-year-old Sherman Oaks woman, was standing outside her car retrieving grocery bags late Friday when Higgins’ 1965 Cadillac slammed into her, killing Morse and tearing the door off her vehicle, authorities said.

The accident happened in the 13100 block of Riverside Drive, and police said Higgins’ blood alcohol content was 0.24%, three times the legal limit.

Murder charges in drunk driving cases are not common, as prosecutors generally file charges of gross vehicular manslaughter when there is a fatality--but murder can be alleged when authorities believe “malice aforethought” can be proven.

In this case, prosecutors said there was malice because the defendant was well aware of the dangers of driving while drunk.

Between 1975 and 1988, Higgins was convicted in five separate driving-under-the-influence cases in Costa Mesa, Burbank, Newport Beach, Westminster and Ventura County, according to police and court records.

Additionally, court records show that Higgins is wanted in Beverly Hills Municipal Court on a $20,000 bench warrant after failing to appear in two separate drunk driving cases.

Higgins conceded that he attended two driving schools where the dangers of mixing alcohol and driving are discussed, according to police.

Don Bellante, the officer in charge of the Los Angeles Police Department’s Valley Traffic Division, said Higgins denied that he was driving the Cadillac but that witnesses and evidence prove otherwise.

According to Bellante, one man told police that soon after the accident he saw Higgins and his passenger, 29-year-old Scott Cordell of West Hollywood, discussing the accident.

“I know you got some priors,” the witness quoted Cordell as saying. “I’ll take this one for you. You’re already in enough trouble.”

Bellante said Cordell initially claimed to have been driving the vehicle, but in a second interview claimed he could not remember the incident.

Cordell’s blood alcohol level was 0.36%, according to police.

“The terrible irony behind this is the party who does wrong--and knows he’s wrong--never gets hurt,” Deputy Dist. Atty. Robert L. Cohen said.

“He was taught that drinking and driving can cause death, and he did it anyway,” Cohen said. “We believe he had malice aforethought.”

Higgins, who is being held in lieu of $1-million bail, is scheduled to appear in Van Nuys Municipal Court for a preliminary hearing Jan. 21.