People v. Regalado CA3

BACKGROUND

On May 4, 2012, at around 10:00 p.m., witness Jeff Summers was driving on Auburn-Folsom Road and saw an sport utility vehicle (SUV), going “a lot faster” than Summers’ car, pass him, hit the center divider, drive into the opposite lanes, and

1 disappear. When he stopped to investigate, he realized there was something moving and making noise in the ravine bordering the road. He called 911. California Highway Patrol Lieutenant David Qualls investigated the accident and found the SUV in the ravine. He saw a badly injured man, later identified as Zachary Emery, unconscious on the ground approximately 10 feet from the driver’s side of the vehicle. Qualls then saw defendant, also unconscious, “seated in the driver’s seat with his feet underneath the dashboard down by the pedals.” Qualls went back to his car and called for an ambulance. When Qualls returned to the SUV, defendant was conscious and trying to get out of the vehicle; Qualls did not notice if defendant was wearing a seat belt. Defendant was obviously injured and confused about where he was, and he smelled like alcohol. Firefighter Joseph Vincent was one of the first emergency responders to arrive on the scene. He…