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Pickup Kills 1 Highway Worker, Injures Another

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TIMES STAFF WRITER

A highway worker was killed and another injured early Friday when they were struck by a pickup driven by a suspected drunk driver from San Clemente who allegedly drove over a long stretch of freeway cones on Interstate 5 in Oceanside.

Salvador Hernandez, 27, of Moreno Valley died instantly in the 3:45 a.m. crash, said a spokeswoman for the San Diego County medical examiner’s office. He was employed by Pave Tech, a Carlsbad construction company hired by the California Department of Transportation to repave a stretch of freeway in Oceanside.

California Highway Patrol Officer Teri Reese said Michael Wayne de la Garza, 33, was arrested at the scene on suspicion of felony drunk driving and felony vehicular manslaughter. Although the crash is still under investigation, Reese said CHP investigators and the district attorney hope to gather enough evidence to charge De la Garza with second-degree murder instead of manslaughter.

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“This was a very violent, very horrific collision. It could’ve been avoided. He drove 350 feet over cones and made no attempt to swerve. The officer at the scene said he was obviously intoxicated,” Reese said.

She said that De la Garza refused to take a Breathalyzer test and that authorities had to draw blood to determine his blood-alcohol level. Investigators are awaiting the results of that test, Reese said.

According to the medical examiner’s office, Hernandez’s brother, Luis, is also employed by Pave Tech and witnessed the accident. He was unhurt.

Gary Jones, 42, of Oceanside was sitting in a work truck that was struck by De la Garza’s pickup and suffered minor injuries, said Reese. He was treated at a local hospital and released.

The crash occurred on the northbound interstate, just north of California 76. Caltrans shut down the northbound lanes until about 8 a.m. while CHP officials investigated.

Reese said debris from the collision was scattered across all four northbound lanes all the way to the ramp leading to Camp Pendleton.

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According to the CHP accident report, De la Garza’s pickup was traveling more than 60 mph when it entered a closed construction zone and slammed into the back of the Pave Tech truck.

Traffic was being channeled into the slow lane while workers repaved the other three lanes. Hernandez and other construction workers were within the area blocked off by the cones when the crash occurred, CHP officials said.

Hernandez and Christopher Torres, 25, of Bellflower were standing at the back of the work truck at the time of the crash, the CHP said. Reese said Torres narrowly escaped being hit. Hernandez’s body flew into the air, landing in the No. 2 lane, and he died instantly, said Reese.

De la Garza was taken to County Jail in Vista, where he was being held pending a court hearing next week. A woman who answered the telephone at his home declined to comment.

Records show that De la Garza was president of De La Computer Inc. of San Clemente and that the company was dissolved Dec. 13, 1999.

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