News

Pleasanton woman arrested in crash that killed toddler cited for new public intoxication

DA's office still reviewing San Ramon case from September

Yarenit Liliana Malihan, the Pleasanton resident arrested on suspicion of felony DUI and gross vehicular manslaughter after a fatal crash on Interstate 680 in September, was taken into custody in Pleasanton for public intoxication on Friday afternoon.

Malihan, 40, was booked at Santa Rita Jail and released around 1 a.m. Saturday, according to Pleasanton Police Department Lt. Kurt Schlehuber.

Schlehuber said officers responded to the intersection of Bernal Avenue and Sunol Boulevard shortly after noon Friday and found Malihan "extremely intoxicated."

"Like we do with most people that are that intoxicated, we treated it as a medical case," Schlehuber said.

Malihan was taken to Stanford Health Care-ValleyCare Medical Center in Pleasanton for treatment. But just before 2 p.m., police received a call that she had walked away from the emergency room before she was done being treated, according to Schlehuber.

A short while later, police found Malihan at the corner of Owens Drive and West Las Positas Boulevard near the hospital and arrested her on suspicion of public intoxication, according to the lieutenant. She was taken back to the hospital for further treatment, then booked into Santa Rita Jail.

Malihan was issued a citation, which Schlehuber said is "pretty common" for a public intoxication charge. Pleasanton police have forwarded the case to the Alameda County District Attorney's Office for review.

Most public intoxication cases are not charged, Schlehuber said.

Malihan has not been charged in the I-680 crash in San Ramon that killed 3-year-old Elijah Dunn on Sept. 9.

The Contra Costa County DA's office began reviewing that case in January. Deputy district attorney Derek Butts said in an email Tuesday that he is hopeful a filing decision could be made "within a couple of weeks."

According to the initial crash report from the California Highway Patrol, 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 Dunn and injuring his mother, brother and sister.

Malihan, who was reported at the time of the crash to be married to an Alameda County Sheriff's deputy, was sentenced in a separate DUI case in December.

Malihan pleaded no contest to misdemeanor DUI and child cruelty charges for reportedly driving while intoxicated with her daughter in the car in June. She was sentenced in Alameda County Superior Court to three years probation, with 106 days credit for time served in jail. She was also required to pay roughly $2,200 in fines, ordered to take online parenting classes and told not to drink "to excess," according to court records.

Comments

42 people like this
Posted by Valle Barry
a resident of Vineyard Avenue
on May 16, 2017 at 5:40 pm

THREE DUI??? she needs to be locked up before she kills ANOTHER PERSON! WHY ISN'T SHE IN JAIL? this really makes me mad. I'm sure her being married to a sheriff helped her case. put her where she belongs. she has no regard for human life.


26 people like this
Posted by Map
a resident of Del Prado
on May 16, 2017 at 6:27 pm

What's the max amount of DUI's that a privileged person can have before being locked up and the cell keys are thrown away, obviously it's not 3 so maybe it will be 4 ????? Hope nobody else get killed while she goes for #4!


22 people like this
Posted by Wow
a resident of Laguna Oaks
on May 16, 2017 at 7:34 pm

This woman clearly needs help and the public needs to be protected from her addiction. It's shameful when privilege is used to shield someone who cannot or will not help themselves.


20 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on May 16, 2017 at 7:42 pm

If youre a white male dont kill someone (a la brian miller) but if youre a black lawyer or a minority women and kill people youre ok....and people wonder how someone like trump gets elected.


8 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on May 16, 2017 at 7:46 pm

And dont get me wrong, all three belong in jail or death row, but only one is, and all share multiple instances of substance abuse while driving.....but the media attention has definitely not been the same


26 people like this
Posted by Wow
a resident of Another Pleasanton neighborhood
on May 16, 2017 at 7:57 pm

This most recent event was not a DUI - but clearly
This woman needs help. Why has no one close to her staged an intervention??

Public drunkenness in the middle
of the day? Lady has a serious problem....


30 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on May 16, 2017 at 8:02 pm

I think we passed "problem" when she killed a kid. Public drunkenness is an improvement from murder


6 people like this
Posted by Wow
a resident of Another Pleasanton neighborhood
on May 17, 2017 at 10:23 am

Pleasanton parent - thanks for stating the obvious!


My point is this woman has family and people around her - why are they allowing her behavior to continue and relying on police to catch her under the influence? We have a family member with addiction issues. He was sent to in-patient rehab and family confiscated his keys. To rely on law enforcement to react to her behaviors means the people in her life are not doing their job. Yes she should be in jail - but her family should have committed her to rehab and prevented all of these incidents from ever occurring... she is married to law enforcement - access to to infinite resources- no excuse for not handling this years ago...JMO


22 people like this
Posted by Laverne
a resident of Birdland
on May 17, 2017 at 10:35 am

I am really confused... how is this lady out of jail, if she just killed a baby 8 months ago? According to this story.. Contra Costa County DA's office has been reviewing that case since January. IF she killed a baby, why isnt she in jail while they review the case?


12 people like this
Posted by Shady
a resident of Another Pleasanton neighborhood
on May 17, 2017 at 11:10 am

To anyone with common sense, it's pretty obvious that the buck stops at the Contra Costa's DA's office. They have been "reviewing" this case since January. They seem to be in no rush to get the wife of a law enforcement officer into court to answer for her actions. The same DA that a civil grand jury has recommended be removed from his position because of corruption. Maybe he has not time for this case because he's trying to avoid his own.

This is not about her being a woman or a minority, but rather married to the right person. The Contra Costa DA's office is in the pocket of the law enforcement. We have a much stronger DA's office in Alameda County. Mark Peterson is garbage!


7 people like this
Posted by Jeff
a resident of Stoneridge
on May 17, 2017 at 11:45 am

Other states are very serious about getting multiple DUI offenders off the road. I know someone in Pennsylvania who after his 3rd DUI served a mandatory sentence of one year in state prison, then wore an ankle "bracelet" for a year so the state could monitor him.


19 people like this
Posted by Concerned Pleasanton Parent
a resident of Another Pleasanton neighborhood
on May 17, 2017 at 3:31 pm

Because she and her family obviously have no shame. She hasn't so much as gotten a slap on the wrist because of her husbands "connections" both the the sheriff's department and a city council member!
Enough is enough!!!
She continues to go on with her life as if nothing has happened, working at her children's school in the classroom, attending school and community events with them.
She should NOT be permitted to be around other children in our schools. Funny, because I have to be background checked to work in my children's classrooms (and I have a clean record), but you have a multi time repeat offender like her allowed to be there as well. Where is the justice for Elijah?
SO WRONG, and she should be ashamed to be out and about like nothing happened.


14 people like this
Posted by Laverne
a resident of Birdland
on May 17, 2017 at 6:06 pm

To: Concerned Pleasanton Parent
If I were you...I would definitely bring it to the school's attention. I cannot believe she is still allowed to be involved at the school.


1 person likes this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on May 17, 2017 at 6:17 pm

....cant wait to find out how shes the "victim" in all this. Maybe she will hire the lawyer from Dublin


15 people like this
Posted by Emily
a resident of Danbury Park
on May 17, 2017 at 6:24 pm

People who think one deputy has so much power in a different county are fooling themselves. The problem has nothing to do with special treatment..she's receiving the same treatment as any other offender in the state of California. Prop 47 and 57 reduces sentencing for so many crimes criminals no longer fear the consequences. The residents of California who voted for those props certainly contributed to this growing problem of crooks not going to jail.


4 people like this
Posted by member
a resident of another community
on May 17, 2017 at 6:41 pm

Since when is drunk driving a misdemeanor? All this conversation about this shouldn't even be happening. She was drunk and she killed someone's baby WHO IS NEVER COMING BACK !!! There's nothing to talk about. She should have been in jail all along. Instead, the cops just keep writing her DRUNK REPORTS !!! Do you think if she killed her own kid, her husband might be a bit upset? What is wrong with all of this is very plain to see. Again, if you have a "clout",and money, you can buy your way into, or out of just about anything. Ever wonder how the mother of that dead baby feels when she reads this? Remember, God is watching each and everyone's roll in this matter. You DON'T FOOL HIM !!!


3 people like this
Posted by Michael Austin
a resident of Pleasanton Meadows
on May 17, 2017 at 7:15 pm

Michael Austin is a registered user.

This is a very sad chain of events for a lot of people and a lot of families.
I just feel uncomfortable reading of these events.


5 people like this
Posted by Joy R. Wimer DeLima
a resident of Danville
on May 17, 2017 at 8:49 pm

I was heartbroken when I read of this infants death caused by this woman's senseless driving under the influence. Why has she NOT been charged yet? and why is she not jailed? this is just crazy. That poor mother of that child that passed. I cannot believe this.


3 people like this
Posted by Stacy
a resident of Downtown
on May 17, 2017 at 9:02 pm

sure wish we could hear what her husband is saying.


11 people like this
Posted by Renee
a resident of Another Pleasanton neighborhood
on May 17, 2017 at 9:28 pm

I could be going out on a limb here, but I'm pretty sure when she was laying drunk on a corner or driving down 680 three sheets to the wind, she was not thinking "Thank God for those propositions and reduced sentencing." She seems to have a hardcore substance abuse problem and an absolute disregard for others. Those two things seem to be her driving forces.


7 people like this
Posted by Joyce
a resident of Birdland
on May 17, 2017 at 10:18 pm

This is an outrage. If you think something should be done, maybe sign the petition and also share it.

Web Link


2 people like this
Posted by Scarlet
a resident of Birdland
on May 18, 2017 at 8:37 pm

This woman is really a waste of space on earth ! There's just some people that need to be snuffed off the face of the earth !
She's had way too many chances !


3 people like this
Posted by Renae Wilber
a resident of Amador Estates
on May 18, 2017 at 9:48 pm

Lt. Kurt Schlehuber says: "Like we do with most people that are that intoxicated, we treated it as a medical case," Schlehuber said.

A medical case? You are certainly full of it.


10 people like this
Posted by Mitch
a resident of another community
on May 18, 2017 at 11:41 pm

WOW says - "Why is the family allowing her behavior to continue?"

Don't think you know as much about addiction as you think you do. Why is the family allowing her behavior to continue? You ask like they can chain her up, and make her go to rehab. Unless someone is willing to help themselves, there isn't much any family can do. Trust me, I've been there.


3 people like this
Posted by Anonymous
a resident of Another Pleasanton neighborhood
on May 20, 2017 at 12:17 am

"Lt. Kurt Schlehuber says: "Like we do with most people that are that intoxicated, we treated it as a medical case," Schlehuber said.

A medical case? You are certainly full of it."

If this person is so drunk they are passed out and can't stand, the jails won't take them for booking. Every prisoner has to clear medical screening and walking/standing on their own is typically required for drunks. That's why medics transport to a hospital due to severe intoxication... hence it being a medical case since they won't be released until sober (when they would no longer be drunk in public). He is a Lieutenant of police, I think he knows what he is talking about.


1 person likes this
Posted by Pleasanton Police
a resident of Pleasanton Meadows
on May 20, 2017 at 6:34 am

Maybe if they treated the death of s todler as a homicide they wouldn't be worried about whether this latest incident was a medical or legal issue.

Dont miss the Forrest from the trees


3 people like this
Posted by Sam
a resident of Oak Hill
on May 20, 2017 at 10:09 am

FYI, news update: On Friday she was finally charged with gross vehicular manslaughter and felony DUI.

SFGate: "Pleasanton woman charged in crash that killed 3-year-old"
Web Link

.....


1 person likes this
Posted by Concerned Pleasanton Parent
a resident of Another Pleasanton neighborhood
on May 21, 2017 at 4:20 pm

Interesting....looks like she got bailed out again, if I am reading correctly it said she is out of custody. Good grief this is absolutely ridiculous. DO the crime, pay the time.


5 people like this
Posted by Awful
a resident of Another Pleasanton neighborhood
on May 21, 2017 at 9:15 pm

Can somebody please enlighten me as to why she is not being charged with Watson murder???????? Her crimes clearly fall within the guidelines of this California law and justify conviction under the Watson Murder act with penalties of:
Fifteen (15) years to life in the California State Prison;
A fine of up to ten thousand dollars ($10,000); and
A strike on your record under California’s Three Strikes Law.
Watson murder definition…….
California DUI murder, also known as “Watson murder,” is charged when a defendant who has at least one previous California DUI conviction, and who has been warned of the risks of driving under the influence, commits DUI again--and causes an accident that kills another person.


Like this comment
Posted by Yahoo
a resident of Del Prado
on May 22, 2017 at 1:17 pm

First off, chp investigated this case. Second, she was out on bail like the majority of defendants are afforded. Love the comments about prop 47 and 57, true that so many criminals walk amongst us, unbeknownst to the people outraged she is not in jail. You reap what you sow, don't act suprised when it comes to your neighborhood. Third, any implication that her husbands profession has anything to do with it is baseless, those with knowledge of the justice system clearly see she has not been given any favors. She will answer just like everyone else.


Like this comment
Posted by Jtjh
a resident of Vintage Hills Elementary School
on May 22, 2017 at 3:00 pm

With reference to the "Watson" murder question, I don't have any actual information, but ....... could it be that at the time when little Elijah was killed, the driver did not actually have a DUI conviction?

The fatal crash occurred in September 2016. Although the initial DUI offense predated that, and Mrs. Malihan had been charged, she was not actually convicted until December 2016.


Sorry, but further commenting on this topic has been closed.

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