Man on Trial in Death of Newport Beach Rec Leader Feared for Safety, Attorney Says

A 23-year-old Costa Mesa man involved in a deadly drunken driving crash that killed an aspiring model and cancer survivor had been warned repeatedly of the dangers of drinking and driving, a prosecutor told jurors Thursday.

But Gustavo Adrian Vega's defense attorney told jurors that his client was scared,  that he was being chased by gang members before the high-speed, pre-dawn Valentine's Day crash last year and that he should not be found guilty of second-degree murder.

Vega is also charged with felony hit-and-run resulting in death and felony possession of cocaine in connection with the Feb. 14, 2010, collision that killed 20-year-old Cara Lee. He is also charged with misdemeanor hit-and-run.

Lee was a college student pursuing a modeling career, Deputy District Attorney Jason Baez said. She was also a Newport Beach recreational youth leader who survived cancer when she was 17, he said. Cara's father, Randy Lee, is a long-time city of Newport Beach employee.

Baez said that after Vega's  Dec. 11, 2006, guilty plea to misdemeanor driving under the influence, he was warned several times that he could be charged with murder if he became involved in a fatal drunken driving crash.

Vega went to the Taqueria Tapatia restaurant on 1st Street in Santa Ana with a couple of his friends and, as he backed his Toyota Tundra pickup truck out of the parking lot, he was involved in a fender-bender, Baez said.

Marisela Sandoval, who was in the car, confronted Vega and told him to stay at the scene to exchange insurance information, but Vega kept going, Baez said. Sandoval ran into the restaurant to get her boyfriend, Todd Highman, who also told Vega to stop.

"He doesn't think, 'I probably shouldn't be driving or I should call a cab,' '' Baez said. "Instead, he keeps backing up his truck and trying to get out of there.''

Highman got into his car and tried to follow Vega, but the defendant lost them, Baez said. Vega then dropped off his two friends and was driving on Flower Street when Highman and Sandoval spotted him and waved for him to pull over, he said.

Instead, Vega accelerated, ran a red light on Flower Street at Sunflower Avenue in Costa Mesa and slammed his truck into a 2003 Toyota Corolla westbound on Sunflower, Baez said. Hao Nguyen, who was driving the Corolla, suffered minor injuries, but his passenger, Lee, was pronounced dead at the scene.

Vega allegedly ran away after the crash and was found hiding in a nearby housing complex. He had a blood-alcohol content of .17 percent, more than twice the legal limit, about two hours after the crash, and police found cocaine in his pants pocket, Baez said, adding that a blood test showed Vega had a mix of alcohol and cocaine in his system.

The truck's Event Data Recorder indicated Vega was approaching 90 mph in a 35 mph zone before the crash and was going 61 to 64 mph at the time of impact, Baez said.

Defense attorney Daryl Thompson acknowledged his client had alcohol and cocaine in his system but signaled he will argue against the "implied malice'' legal theory by showing Vega had a "fight or flight'' response when Highman and Sandoval were waving at him to pull over.

"It's 2 in the morning in Santa Ana and Mr. Vega thought they were gangbangers he was having problems with and he was scared,'' Thompson said.

"At the end of this case, I'm going to ask you to find Mr. Vega not guilty of murder.''

—City News Service