Orange County prosecutors are contemplating legal expenses in opposition to a Los Angeles County sheriff’s deputy who was off-duty when he fell asleep on the wheel in November 2022 and killed two Camp Pendleton Marines sitting in a disabled automotive.
Whereas the crash occurred almost a 12 months in the past, the California Freeway Patrol simply turned over the accident report back to the district lawyer’s workplace on Sept. 21, with the advice that vehicular manslaughter expenses be thought of in opposition to Deputy Michael John Miscione, 26.
“One in all our veteran murder prosecutors is fastidiously reviewing the details of the case to find out what legal expenses will be confirmed past an affordable doubt,” mentioned Kimberly Edds, a spokesperson for the district lawyer’s workplace.
The media was not alerted to the deaths of Lance Cpls. James Robert Patton, 20, of Cary, North Carolina, and Samantha Lee Berrios, 20, of Levittown, New York, by the CHP.
“Two Marines die by no fault of their very own and there have been crickets,” complained Patton’s father, Michael.
Officers with the CHP station in San Juan Capistrano didn’t instantly reply to inquiries by the Southern California News Group about why the occupations of the deputy and the victims weren’t included within the accident report.
The report, obtained by SCNG, mentioned the crash occurred at 3:48 a.m. Nov. 5, 2022, on the southbound 5 Freeway, almost 1,000 toes south of Crown Valley Parkway, in MIssion Viejo.
Miscione had gotten off work at 3 a.m. and was driving his Chevrolet Colorado truck within the high-occupancy automobile lane at about 88 mph — greater than 30 mph above the development zone velocity restrict — on the time of the crash, in response to the report.
Miscione advised investigators that he fell asleep, unaware that forward of him was a Honda that grew to become disabled after hitting a median wall. The driving force of the Honda, Aden A. Baker, had gotten out of the automotive and was calling for a tow truck, the report mentioned. The Honda’s lights weren’t on and Baker didn’t name 911, the report mentioned.
Baker advised investigators that Patton and Berrios initially exited the Honda, however obtained again inside as a result of they had been chilly, in response to the report. He mentioned he warned them that it was harmful to remain in a automobile stopped in a site visitors lane.
The 2 Marines had been pronounced useless on the scene by paramedics, the report mentioned.
Miscione, who listed the Century sheriff’s station in Lynwood as his dwelling tackle, was handled at Windfall Mission Hospital for ache to his arm and head. The report indicated he didn’t have auto insurance coverage or a house telephone.
Responders discovered Miscione strolling within the median after the crash, ready for CHP officers.
Patton’s household has filed a lawsuit in opposition to Miscione and is hoping the district lawyer information legal expenses.
“If he was so drained, there’s different issues he may have completed,” mentioned Michael Patton, who believes Miscione had simply labored a double shift. “I believe that was a poor option to get on the street that evening.”
Miscione couldn’t be reached for remark.
Earlier than James Patton joined the Marine Corps, he was an Eagle Scout who loved tenting, mountain climbing and climbing mountains, generally together with his father.
Michael Patton mentioned James’ dying has left a gaping gap within the household.
“It is fairly gosh darn devastating,” Michael mentioned. “The toughest a part of dropping him was he was simply beginning out within the largest journey of going from a boy to a grown man.”
Samantha Berrios was an air-frame mechanic on Huey and Cobra helicopters, in response to her obituary.
She was described as an Explorer who preferred to journey, find out about new cultures and dive into the language, cooking and customs of wherever she was at.
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