James Lee, in custody 18 months after a fatal wreck that killed
a 4-year-old boy, will wait until February to find out if his case
is ready for trial.
A Gilroy man who’s been in custody 18 months on manslaughter and drunken driving charges because of a fatal wreck that killed a 4-year-old boy will wait until February to find out if his case is ready for trial.
The trial of James Francis Lee, 45, was scheduled to begin Monday morning in San Jose, but the case has been pushed back until Feb. 27, according to Lisa McCrary, a spokeswoman for the Santa Clara County District Attorney’s Office.
It’s the second time the trial has been delayed, McCrary said.
Lee was driving home from a concert in July 2010 when he crashed into a parked car along U.S. Highway 101 north of Morgan Hill, killing Gilroy resident Jose Cortes-Diaz, according to the California Highway Patrol.
Lee is charged with gross vehicular manslaughter, driving under the influence of alcohol while causing injury and driving with a 0.08 or higher blood alcohol content, according to the District Attorney’s office.