The Gilroy man who drunkenly plowed his truck into a young family and killed a 4-year-old boy three years ago was found guilty by a jury for second-degree murder this week.Â
James Francis Lee, 46, faces a maximum sentence of life in prison, according to the Santa Clara County District Attorney’s Office.
“This wasn’t an accident. This was a crime,” said prosecuting attorney Angela Bernhard.
Lee was driving home from a heavy-metal concert in July 2010 after drinking beer when he crashed into a parked car along U.S. Highway 101 north of Morgan Hill, killing Gilroy boy Jose Cortes-Diaz, according to the California Highway Patrol.
Lee’s Ford F250 truck slammed into the back of the Diaz family truck, which was broken down on a freeway turnout. Jose’s mother and 12-year-old sister were standing nearby on the shoulder, while Jose took a nap in the backseat of their truck. The force of the accident crumpled the truck’s bed and drove a mounted toolbox into the child’s head, mortally wounding him. His father, Jesus Diaz, was also severely injured.
Lee, who was only slightly injured, had a blood alcohol level of .17 at the scene. He has two prior DUI convictions.
During the week-long trial, Lee’s defense argued that he was not responsible for the child’s death because the father had not installed the tool box correctly and the child should have been in a car seat. After a day of deliberations, the jury rejected that argument and convicted him of murder, gross vehicular manslaughter while intoxicated and other drunken driving felonies.
Lee will be sentenced September 23 in Department 49.
