BAKERSFIELD, CA - Jury deliberations will resume again Thursday in the case of a Bakersfield man accused of hitting and killing an elderly couple, allegedly while driving under the influence of drugs.
Oscar Jimenez, 45, faces 10 charges including two counts of second-degree murder.
The principal issue at trial is whether Jimenez's conduct amounts to the "reckless disregard for human life" that constitutes second degree murder.
Defense attorney Bill Slocumb admitted Jimenez was wrong to drive his truck down Auburn Street after using methamphetimine in 2011. Jimenez allegedly crossed a center divider and drove onto the sidewalk, killing Al Cichy, 70, his wife, Annabelle Cichy, 80, as they picked up litter.
It's the fifth time Jimenez has faced DUI charges since 1987. The first three arrests were for driving under the influence of alcohol. The last two, in 2009 and 2011, were for driving under the influence of methamphetamine.
Prosecutor Rob Murray told the jury Jimenez was warned in writing after a previous conviction that a subsequent DUI accident, if fatal, could be considered murder.
But Slocumb argued Jimenez was warned if he used meth and got into a fatal accident, it could be considered murder, even if the accident happened as long as eight hours after he stopped using the drug.
There is evidence, the defense attorney said, that there was much more than eight hours between when Jimenez last used meth and the accident that killed the Cichys. So, following that logic, he said, Jimenez cannot be convicted of the murder charge.
Oscar Jimenez, 45, faces 10 charges including two counts of second-degree murder.
The principal issue at trial is whether Jimenez's conduct amounts to the "reckless disregard for human life" that constitutes second degree murder.
Defense attorney Bill Slocumb admitted Jimenez was wrong to drive his truck down Auburn Street after using methamphetimine in 2011. Jimenez allegedly crossed a center divider and drove onto the sidewalk, killing Al Cichy, 70, his wife, Annabelle Cichy, 80, as they picked up litter.
It's the fifth time Jimenez has faced DUI charges since 1987. The first three arrests were for driving under the influence of alcohol. The last two, in 2009 and 2011, were for driving under the influence of methamphetamine.
Prosecutor Rob Murray told the jury Jimenez was warned in writing after a previous conviction that a subsequent DUI accident, if fatal, could be considered murder.
But Slocumb argued Jimenez was warned if he used meth and got into a fatal accident, it could be considered murder, even if the accident happened as long as eight hours after he stopped using the drug.
There is evidence, the defense attorney said, that there was much more than eight hours between when Jimenez last used meth and the accident that killed the Cichys. So, following that logic, he said, Jimenez cannot be convicted of the murder charge.