FROM: 
Karyn Sinunu, Assistant District Attorney   CONTACT PERSON:
Daniel T. Nishigaya, Deputy District Attorney
Physical Abuse of Children & Elders Unit
(408) 792-2543       For release on March 2, 2005   DRIVER CHARGED WITH MURDER AND FELONY DUI AFTER COLLISION KILLS FETUS AND INJURES TWO OTHERS   The Santa Clara County District Attorney’s Office has filed a criminal complaint charging Louis Vincent Brackett (DOB: 5/13/1985) with murder of a fetus, felony driving under the influence of alcohol causing injury, and personal infliction of great bodily injury.   On February 26, 2005, Brackett caused two collisions and attempted to evade capture while driving under the influence of alcohol. One of the passengers in Brackett’s car was a pregnant 15-year old girl. As a result of the collisions, the fetus was killed. The 15-year old mother and a driver of another involved car were seriously injured.   Court records show that the day prior Brackett pleaded guilty to misdemeanor driving under the influence of alcohol and was to begin a 10-day jail sentence on April 2, 2005.  At the time of his conviction, Brackett was advised pursuant to California Vehicle Code § 23593, a new law that went into effect January 1, 2005. The advisement states:  

"You are hereby advised that being under the influence of alcohol ... impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol ....If you continue to drive while under the influence of alcohol …, and, as a result of that driving, someone is killed, you can be charged with murder.”  

Bracket will be arraigned on March 2, 2005 at 2:00 p.m. in Department 23 of the Superior Court in San Jose. If convicted, he faces a maximum of 24 years-to-life in prison.   # # #

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