This week on Thursday (20th), the Orange County local prosecutor’s office issued a statement that a 13-year-old boy was fatally struck while walking to school in Dana Point, Orange County. The boy’s brother who was with him at the time did not sustain any injuries.
The alleged driver, 59-year-old Dana Point resident Bradley Gene Funk, is facing charges of one count of murder and one count of hit-and-run causing permanent serious injury.
At around 8:20 a.m. on Tuesday, Luis Adrian Morales-Pacheco, a boy from San Juan Capistrano, was walking with his brother on their way to Niguel Hills Middle School.
Bradley Gene Funk, driving a pickup truck, hit the curb near Dana Point Harbor Drive and Lantern Street, knocking down the 13-year-old boy who later passed away at the hospital.
After hitting Morales-Pacheco, Funk did not stop his vehicle but continued driving. His truck suffered a flat tire a few blocks away from the scene of the accident, rendering it inoperable, and he was apprehended by the authorities.
In 2021, Funk had received two “Watson advisements” for admitting to driving under the influence.
In California, “Watson advisement” is a formal warning given to individuals convicted of DUI offenses. This warning originates from the California Supreme Court case of People v. Watson (1981), which established that even if the driver did not intend to cause harm, they can still be held responsible for murder.
Under California law, causing a fatal accident while driving under the influence of alcohol or drugs can lead to charges of second-degree murder.
During his tenure as a state assemblyman from 2002 to 2008, Todd Spitzer proposed the “Steve Ambriz Act,” requiring applicants for California driver’s licenses to sign a statement acknowledging that they could be charged with murder if they cause a death while driving under the influence.
“The passing of this child has left a huge void in the hearts of our entire community, Luis should not have died,” stated Spitzer. “The driver who struck him had been repeatedly warned that drunk driving endangers lives, but he still chose to do so. His selfishness has caused Louis’s family to endure the pain of losing a beloved son.”