HOLLISTER
– The District Attorney’s Office dropped murder charges against
Robert Orabuena on Tuesday after tests concluded the Gilroy man was
not intoxicated and didn’t have drugs in his system at the time of
a deadly July 4 accident.
HOLLISTER – The District Attorney’s Office dropped murder charges against Robert Orabuena on Tuesday after tests concluded the Gilroy man was not intoxicated and didn’t have drugs in his system at the time of a deadly July 4 accident.
“Once we got the results back, we amended the charges accordingly,” said Denny Wei, San Benito County deputy district attorney. “It’s not uncommon for charges to be amended as additional facts come in.”
Although the amended criminal complaint no longer includes the second-degree murder charge, there are still enough felony or misdemeanor offenses and allegations to possibly send Orabuena, 41, to prison for a maximum of 15 years.
Orabuena is now charged with gross vehicular manslaughter, a felony; vehicular manslaughter without gross negligence, a misdemeanor; reckless driving with injury, a misdemeanor; and one count of driving with no proof of insurance shown, according to court documents.
A conviction on the felony manslaughter charge carries a six-year maximum sentence. However, prosecutors are alleging this would be Orabuena’s second strike if he is found guilty.
Under the state’s Three-strikes law, a conviction for a second strike automatically mandates a punishment of twice the maximum sentence. If convicted on all counts and allegations, Orabuena could receive an additional three years in prison, according to the state penal code.
The charges stem from the Fourth of July accident on Fairview Road near the Spring Grove Road intersection in which motorcyclist Joseph Judnick, 48, of Salinas, died.
Judnick was visiting family in Hollister, and as he approached the intersection at about 4:25 p.m., Orabuena is alleged to have made a left turn in front of Judnick.
Judnick, who was driving a 2002 Harley-Davidson V-rod motorcycle, suffered severe head and body injures, and died despite life-saving efforts at Hazel Hawkins Hospital.
Orabuena was scheduled to be in court at 9 a.m. today for a continued arraignment. His defense attorney Arthur Cantu said that other than the minor infraction, the prosecution has no case and it should dismiss the matter “in the interest of justice.”
“Our heart goes out to the victim’s family, but this was just a tragic accident and nothing more,” Cantu said.
Judnick spent most of his life in Morgan Hill, graduating from Live Oak High School in 1972. He is survived by his wife and two children.
“My client is not guilty of any crime,” Cantu said. “I have witnesses who will testify that my client was not driving erratically. On the night in question, witnesses said he slowed down to 3 or 5 mph, turned on his left blinker and made a normal turn.”
Prosecutors, however, say, Orabuena made the turn directly in front of Judnick, leading to the fatal accident.
