Gervais man found guilty in DUII death of five people
A Gervais man with a lengthy history of drunk driving offenses was found guilty of five counts of first-degree manslaughter two years after being implicated in a DUI crash that killed a woman and four children.
On Monday, Nov. 18, Marion County judge Sean Armstrong found Favian Garcia of Gervais guilty on all five manslaughter charges, in addition to DUI, reckless driving, and criminal driving with a suspended license.
Garcia, 29, was charged with the crimes following an Oct. 8, 2017 crash that killed five people on Highway 99E north of Salem. On that afternoon, the Land Rover he was driving smashed head-on into a Buick Century driven by Lisette Medrano-Perez, 25, of Molalla. Medrano-Perez was killed, as were her sons, eight-year-old Ivan Ricardo and six-year-old Andrus, her four-year-old daughter Dayanara, and her two-year-old niece Angelina.
Medrano-Perez had been caring for her niece and planned to adopt her legally.
A sentence is scheduled to be delivered on Monday, Dec. 2.
Garcia initially pleaded guilty to five counts of manslaughter, a pair of DUII charges and interfering with making a report. However, he changed his plea Friday, June 29, 2018, to not guilty.
According to the probable cause statement from Garcia's arrest, a drug evaluation was performed on Garcia at Salem Hospital soon after the crash. Oregon State Police troopers observed Garcia's eyes as glassy and bloodshot, and his speech was slow and slurred. A blood draw showed that Garcia's blood alcohol content was 0.318 percent. The legal limit in Oregon is 0.08 percent.
Tests indicated that he also had methamphetamine in his system.
Police also determined he was in the wrong lane of the highway at the time of the crash.
Before the deadly crash, Garcia had been twice convicted of driving under the influence of intoxicants: once in August 2011, and again a few months before the 2017 crash. He had been driving with a suspended license.
The minimum sentence for each manslaughter conviction is 120 months. The sentences can be served consecutively or concurrently, making his sentence anywhere from 10 to 50 years.
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