San Jose: Murder charge for driver in DUI crash that killed community service officer

SAN JOSE — Prosecutors have filed a murder charge against a driver who, while allegedly under the influence of alcohol, hit and killed a San Jose community service officer at a roadblock over the weekend, according to authorities and court documents.

A 2014 misdemeanor drunk driving conviction in San Mateo County for Juan Huerta-Palacios gave the Santa Clara County District Attorney’s Office standing to charge him with what’s known as a Watson murder for the Aug. 3 collision death of 34-year-old Long Pham.

Under the Watson theory, because Huerta-Palacios had been convicted of drunk driving and was required to complete a court-mandated educational course about the dangers of driving while under the influence, the new allegations constitute implied malice, or knowingly engaging in behavior that has the potential to cause serious injury or death.

Huerta-Palacios, a 44-year-old Morgan Hill resident, was arraigned Wednesday and is being held at the Santa Clara County Main Jail in lieu of $500,000 bail, records show.

He was also charged with two felony DUI counts related to the injuries suffered by Veronica Baer, a second community service officer who was hit Saturday night while she and Pham worked a road closure for an earlier traffic crash at Monterey Road and Palm Avenue.

According to a probable cause affidavit filed alongside the criminal complaint, San Jose police wrote that after Huerta-Palacios broadsided a Ford Focus parked at the intersection with emergency lights flashing — the two community officers were standing on the other side — and hit the victims, he was seen with “bloodshot, watery eyes,” exhibited “slurred speech,” smelled of alcohol and walked unsteadily.

The document also stated that a responding police officer “observed an open can of Modelo beer in the vehicle” belonging to Huerta-Palacios, a silver 2022 Dodge Charger.

Police added that alcohol screenings for Huerta-Palacios in the hour following the crash registered blood-alcohol levels of .128% and .126%, well above the legal limit of .08%.

This is a developing story. Check back for updates.