The Contra Costa County District Attorney's Office has begun reviewing the case and is considering whether to file charges against Yarenit Liliana Malihan, the Pleasanton resident arrested on suspicion of felony DUI and gross vehicular manslaughter after a crash on Interstate 680 in San Ramon in September that killed a toddler.
The DA's office received the California Highway Patrol's final investigation report Monday, spokeswoman Bobbi Mauler confirmed Tuesday. She said it would be "at least a week or two" before a filing decision would be made.
CHP public information officer Derek Reed said earlier this month that the agency's investigation was waiting on a report from the coroner before it could be finalized.
According to the CHP's initial crash report, Malihan's Toyota Sequoia slammed into the back of a black Toyota Camry parked on the shoulder of northbound I-680 near Bollinger Canyon Road, killing 3-year-old Elijah Dunn on Sept. 9. The 3-year-old's mother also suffered major injuries in the crash, and his brother and sister sustained minor injuries.
Malihan was treated for minor injuries and then arrested by CHP officers and booked into jail following a drug recognition test. She was released on bail the next day.
The CHP said at the time that Malihan had a valid driver's license and no prior DUI convictions -- though it later came to light that she had another DUI case pending at the time.
Malihan, who is married to an Alameda County Sheriff's deputy, recently resolved that separate misdemeanor DUI case, which stemmed from a June incident in Pleasanton in which she reportedly drove while intoxicated with her daughter in the car.
She was sentenced in Alameda County Superior Court to three years probation, with 106 days credit for time served in jail, after pleading no contest to misdemeanor DUI and child cruelty. She was also required to pay roughly $2,200 in fines and ordered to take online parenting classes, according to court records.
Comments
Pleasanton Valley
on Jan 25, 2017 at 10:07 am
on Jan 25, 2017 at 10:07 am
If this woman does not get a very lengthy sentence then there is truly no justice.
Registered user
Downtown
on Feb 5, 2017 at 6:59 pm
Registered user
on Feb 5, 2017 at 6:59 pm
Crickets out there! Dead silence!
What's going on with our court system, this happened almost 5 months ago and still no justice, is this person out there driving while we are waiting for something to happen? I guess if they stall long enough everybody will forget about this repeat offender. As much as I hate jury duty I think I would volunteer for this one if it ever made it to court
Registered user
another community
on Apr 14, 2017 at 12:01 pm
Registered user
on Apr 14, 2017 at 12:01 pm
This family has to try to celebrate Easter without their son. Their pain is beyond words. Where is the justice for Elijah. The CHP completed their investigation in January and it is now April. How long does Elijah's family have to wait before there is justice. I sincerely hope that Mrs. Malihan is not being allowed to drive.
Registered user
Downtown
on Apr 14, 2017 at 7:22 pm
Registered user
on Apr 14, 2017 at 7:22 pm
It's still crickets out there!!! Still think this will just fade away, people will forget about it, there will be a little slap on the hand then back in the drivers seat and on to the next victim.
Registered user
Vintage Hills Elementary School
on Apr 16, 2017 at 8:07 pm
Registered user
on Apr 16, 2017 at 8:07 pm
I have the same concern too, Flightops.
I don't know what the usual length of time between completion of the coroner's report and filing of charges, but in this case, it seems to me to be taking a very long time. Everything I've read indicates that the driver in question is suffering from alcoholism and, of course, she needs medical treatment. I hope that this will ensure that she finally gets it. But in my view, the illness should make no difference when it comes to the question of whether to press charges. If you drive drunk, whatever the reason, you should not escape charges.
In my opinion, public and media pressure can make a big difference in this sort of case. As it undoubtedly did in the case of the woman who killed little brother and sister Troy and Alana Pack, of San Ramon. And as it did, to a much lesser extent, in the case of Spencer Freeman Smith, the attorney who spent the evening in bars, killed Bo Hu, a cyclist from overseas, then drove home and hid his luxury car. He and his attorney managed to create delay after delay, but local people did not forget. In my opinion, he still paid far less than the price due, but had the case disappeared from the media, as initially seemed very likely, I think he'd have succeeded in obtaining that mere slap on the hand.
I therefore urge all those who feel that those who drive drunk should pay the appropriate penalty to try to keep this case, too, in the public eye.