MORGAN HILL
– After a painstaking investigation, one felony count was filed
Wednesday against Charles Spear, 37, of Morgan Hill, in the Aug. 6
accident that killed Rosalie Peña, 50, of Morgan Hill.
MORGAN HILL – After a painstaking investigation, one felony count was filed Wednesday against Charles Spear, 37, of Morgan Hill, in the Aug. 6 accident that killed Rosalie Peña, 50, of Morgan Hill.
Spear, who surrendered to Morgan Hill Police Thursday morning and was taken to the Santa Clara County main jail, was charged with vehicular manslaughter with gross negligence. The charge carries a maximum penalty of six years in state prison.
Spear is scheduled to be arraigned Monday in Santa Clara County Superior Court in San Martin.
Lt. Joe Sampson of the MHPD said Thursday that the Santa Clara County District Attorney’s office is awaiting results from toxicology testing, although not alcohol-related test results.
“This is a lengthy process,” he said. “(The blood samples) are minutely tested for any trace of something that could cause impairment, Extra-Strength Tylenol, prescription medicines, anything.”
If tests show evidence Spear was on medication, depending on the degree of impairment and the drug itself, other charges could be filed, Sampson said.
Rosalie Peña’s brother, Steve Peña, said he was pleased charges had been filed.
“I just hope that justice prevails, and he gets punished for what he did,” Peña said Thursday. “I don’t know the gentlemen, I don’t hate him, and I don’t feel bitterness toward his family. I just want justice to be done.”
The Peña family operated the popular Sinaloa Cafe on Monterey Road and Peebles Avenue near the site of the fatal accident.
The accident occurred at 5:11 p.m., when Spear, driving a GMC Yukon, allegedly at a high rate of speed, southbound on Monterey Highway just north of Peebles Avenue, crashed into Peña’s Volvo. The Volvo was parked on the side of the road, and the impact pushed it into the back of a parked commercial trailer.
Peña was pronounced dead at the scene. Spear was airlifted to San Jose Medical Center with major injuries.
A passenger in Peña’s vehicle, Martha Casteneda, 51, of Morgan Hill, received serious injuries in the accident and was also taken to San Jose Medical Center. She has since been released.
