A motorcycle driver who drove while intoxicated, which resulted in the death of Sarah Renee Mata, his passenger from Chula Vista, was ordered Aug. 6 to stand trial for second-degree murder.
The murder charge was filed against Josue Juan Diaz, 38, because he had two prior convictions for drunk driving, including one in Chula Vista before, said Deputy District Attorney Victor Ou. The prosecutor said Diaz had been warned about the perils of drinking and driving.
Chula Vista Superior Court Judge Ana Espana also ordered Diaz to stand trial for gross vehicular manslaughter while intoxicated in the 3:30 a.m. Sept. 6, 2014, incident. A jury would have to decide whether the crime was murder or vehicular manslaughter.
Mata, 27, was also known under the name of Sarah Alvarado. The crash took place when Diaz was exiting the E Street ramp off Interstate 5 in Chula Vista.
There was testimony at the preliminary hearing that Diaz’s blood/alcohol level was .17, said Ou. The prosecutor said people with Diaz testified he was drinking at a bar. When closing time came, several talked about meeting again at someone’s house in Chula Vista, said Ou.
Diaz was giving Mata a ride to the residence from the bar when he crashed his motorcycle. He was also injured and was arraigned in his hospital bed last September by a judge who came into his hospital room.
Diaz was ordered to next appear in court on Aug. 19 to set a trial date. He has pleaded not guilty and remains in the central jail on $1 million bail.
