Manslaughter, DUI charges in Berkeley crash

CBS San Francisco

A car struck a tree in a Berkeley neighborhood, killing one person and injuries two others Friday.

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A man was charged with vehicular manslaughter Tuesday for allegedly killing his girlfriend and paralyzing her son by crashing into a tree in Berkeley while driving drunk, authorities said.

Jose Lumbreras, 24, of Berkeley had a blood-alcohol level of 0.219 percent - more than twice the legal limit of 0.08 percent - when he crashed his Cadillac into a roundabout and a tree at California Street and Allston Way shortly before 1:15 a.m. Friday, authorities said. Police believe he was driving at least 64 mph on the residential street.

Lumbreras' girlfriend, 22-year-old Milanca Alicia Lopez, who was in the front passenger seat, died at the scene. Her 6-year-old son, Xavier, who was riding in the back, and Lumbreras were seriously injured.

Alameda County prosecutors charged Lumbreras with gross vehicular manslaughter while intoxicated, drunken driving causing injury and enhancements for allegedly causing Xavier "to become comatose due to brain injury and to suffer paralysis."

Xavier is being treated at Children's Hospital Oakland, where he is on life support with "minor brain function present," Berkeley police Sgt. Todd Sabins wrote in court papers outlining the grounds for Lumbreras' arrest.

Lumbreras was arrested Tuesday at Highland Hospital in Oakland. He has a clean driving record, according to the Department of Motor Vehicles.

Lopez graduated earlier this month from UC Berkeley with degrees in Chicano studies and social welfare. She planned to start working toward a master's degree at UCLA in the fall.

She and her son lived in Albany. Pictures on a Facebook memorial page show Xavier walking with his mother, both wearing cap and gown. On top of Xavier's cap was written, "I (Heart) My Mom."

This article appeared on page C - 4 of the San Francisco Chronicle

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