Driver in Crash That Killed 4 to Be Released

Prosecutors on Friday decided to release a truck driver involved in a fiery crash on the Santa Ana Freeway this week, saying there was not enough evidence to file felony manslaughter charges against him.

The California Highway Patrol had said that Leopoldo Nunez Sanchez, 34, of La Paz, Mexico, was driving 55 mph and never slowed before he plowed into a van carrying four people at the interchange of the Santa Ana and San Diego freeways. They died in the nine-car accident, and three other people were injured, one critically.

“The evidence that the CHP has gathered and presented to us up to this point is not sufficient to file criminal charges,” said Jack Sullens, deputy district attorney at Municipal Court in Newport Beach.

CHP officials said Friday they concur with the district attorney’s office on the decision, and will continue to gather evidence.

“It could take up to a month to complete the investigation,” CHP spokeswoman Angel Johnson said. “They’ve still got a lot of stuff to go over.”

The crash occurred at 12:15 a.m. Wednesday, causing havoc on the freeway. Two vehicles were incinerated, debris was strewn across the freeway and traffic stalled for hours.

Killed were Benjamin and Carmen Rea of Los Angeles and Jaime and Myriam Rodriguez, who were visiting from New York. The couples were returning from a visit to Tijuana.

Injured were Grant Orthmeyer, 24, of Irvine; Neri Sao, 42, of Long Beach; and Esteban Ocampo Villanueva, 32, of Santa Ana. Orthmeyer suffered critical burns and was in guarded condition Friday at Western Medical Center-Santa Ana, authorities said. Sao and Villanueva were treated at area hospitals and released Wednesday.

The decision to release Sanchez angered some relatives.

Arlene Grijalva, sister of Benjamin Rea, said she had been expecting vehicular manslaughter charges to be filed.

“That’s what we were hearing,” Grijalva said. “I am very, very concerned about this.”

The accident sparked outrage because Sanchez, driving a tomato truck, did not have a California driver’s license, CHP officials said. He was authorized to drive in Mexico, but CHP authorities have not determined whether he was allowed to drive in California. Under the North American Free Trade Agreement, Mexican drivers usually may travel only within 25 miles of the border, but there are several exceptions, CHP officials said.

The accident happened about 100 miles north of Mexico.

NAFTA provisions ultimately would allow drivers from Mexico full access in the United States, but President Clinton had delayed implementing the trucking segment, citing safety concerns. This month, five senators from border states asked Clinton to drop his opposition. The opposition has been strong, and Wednesday’s accident bolstered their arguments.

Sanchez was expected to be released from the Orange County Jail. He was twice cited within the past six months for disobeying restrictions of his license and exceeding the allowable weight limit on his truck, according to the Department of Motor Vehicles.