DA Error: Olivehurst Teen Charged With Manslaughter, Despite His Brother Still Being Alive
OLIVEHURST (CBS13) — Charges were filed against an Olivehurst teen accused of killing his older brother in a tragic drunk driving crash two months ago.
But there's a problem—his brother isn't dead.
The Yuba County District Attorney is apologizing for the mistake and the manslaughter charge filed against 18-year-old Joaquin Orozco.
Police say Orozco was drunk, with blood-alcohol content twice the legal limit, when he lost control of his pickup, hit a few trees and a fence and overturned his truck at Peach Mobile Estates outside of Marysville.
His older brother Lorenzo, 20, was thrown from the pickup bed.
A newspaper headline and court documents show Joaquin was charged by the Yuba County District Attorney with manslaughter in the death of Lorenzo—a death that didn't happen.
"I've been an attorney almost 28 years, a D.A. for six years; no, it's a very unusual situation; no, I've never come across this before," said his attorney Roberto Marquez.
Lorenzo is badly hurt and rehabilitating from a brain injury, but he's expected to survive the January crash.
His mom spoke to CBS13 from his Bay Area hospital room a day after finding out about the mistake.
"I, of course, was like no! That's not true—my son's alive and well. I was like how could that be?" said Genic Cowee.
So how did this happen?
An embarrassed Yuba County District Attorney Pat McGrath says he looked at the California Highway Patrol report, which references major head trauma, and made an incorrect assumption that Lorenzo had died.
In his 31 years, he says he's never made a charging mistake like that. He apologizes to the family and says when Joaquin appears in court, the manslaughter charge will be dismissed.
But Joaquin will still face three remaining charges, including driving under the influence. His lawyer is hoping the 18-year-old can avoid jail time with probation.
As for Joaquin's brother, we're told he's getting stronger every day, but he has a long road to recovery.