Mexican driver charged in baby's death

http://www.ocregister.com/news/renee...ares.html?nstr
ack=sid:995870%7Cmet:102300%7Ccat:0%7Corder:4

WESTMINSTER – A driver who was distracted by a laptop sliding off his
passenger seat was charged with a misdemeanor Thursday for causing a
chain-reaction crash that killed a 4-month-old girl who was ejected her
from her stroller while she was being pushed through a crosswalk by her
mother.

The baby's family, from Australia, was visiting relatives in Orange
County in September when the accident occurred.

Robert Anthony Casares, 50, of Huntington Beach, was charged with one
misdemeanor count of vehicular manslaughter without gross negligence and
faces a maximum sentence of one year in jail if convicted.

Prosecutors will ask for $10,000 bail at Casares' arraignment Feb. 15 at
the West Justice Center in Westminster.

Casares was driving in his Chevrolet Tahoe sport utility vehicle on
Springdale Street in Huntington Beach about 10 a.m. on Sept. 7, 2010,
when bumps from train tracks caused his laptop computer to begin to
slide out from a carrying case on the passenger seat, according to
prosecutors.

He briefly looked down to secure the bag to prevent the laptop from
falling, and did not notice that the traffic in front of him had stopped
at the intersection of Croupier Drive, prosecutors said.

Casares slammed on his brakes but was unable to stop before he plowed
into a pickup, sending it into the intersection where Renee Gould, 31,
from Australia was walking in the crosswalk with her baby in a stroller
alongside her 11-year-old niece and 7-year-old nephew.

Ruby Rose Gould, the baby, was ejected from her stroller when it was
struck by the pickup. She landed approximately 70 feet away. She was
pronounced dead at approximately 5:20 p.m. that evening due to blunt
force trauma to the head.

Renee Gould suffered a dislocated shoulder and fractured vertebrae.
Daisy Chuntz, 11, her niece, sustained a broken leg. Jacob Chuntz, the
7-year-old nephew, was not hit.

Casares remained at the scene and was contacted by officers, who
determined he was not under the influence of alcohol or drugs.

Renee Gould, 31, and her husband, Rob, from Bellmere, Australia – a
suburb near Brisbane – had spent three years trying to conceive their
first child. Renee was excited to bring Ruby Rose to Orange County to
visit Renee's sister, Kylie Chuntz, and Kylie's husband and three young
children. Rob stayed in Australia to work.

Misdemeanor vehicular manslaughter may be charged in cases where there
is "ordinary negligence" or the failure to use reasonable care to
prevent reasonably foreseeable harm to one's self or another, according
to a news release from the Orange County District Attorney's Office.

A case is filed as a felony vehicular manslaughter when there is "gross
negligence" which involves more than ordinary carelessness, inattention,
or mistake in judgment, prosecutors said. "Gross negligence" would
require a person to act in a reckless way that creates a high risk of
death or great bodily injury and a reasonable person would have known
that acting in that way would create such a risk, prosecutors added.


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