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A Pleasanton woman has been charged with murder for the death of a 73-year-old man in a suspected DUI collision in Livermore three weeks ago, police said Thursday.
Jennifer Barbero, 42, who was arrested Thursday and is being held at the Santa Rita Jail in Dublin, is scheduled to be arraigned on Monday on the charge stemming from the death of Livermore resident David Nemeroff.
Livermore police said that shortly after 10 a.m. on May 26 Nemeroff had been standing by his silver Mercedes Benz on the side of Highway 84 just south of Interstate 580 for an unknown reason when Barbero, who was driving a Lincoln SUV, struck him as she was driving southbound on Highway 84.
Nemeroff was thrown to the ground, sustained critical injuries and died at a local hospital two days later, according to police.
Barbero stayed at the scene, where she was later arrested on suspicion of DUI and causing great bodily injury, police said.
However, she was later released from custody while the Alameda County District Attorney’s office waited for the toxicology results of the blood sample that was collected from her.
Livermore police submitted their completed case against Barbero to the District Attorney on Wednesday and prosecutors then charged her with murder and a warrant was issued for her arrest, police said.
— Jeff Shuttleworth, Bay City News
Well, that was quick, a mere matter of weeks. Why did the charge against Yarenit Malihan take months? What’s the key difference?
Yarenit, hasn’t had any consequences for her actions (3 times mind you), because she is receiving special treatment by being married to a sheriff’s deputy. Absolutely absurd that no one seems to notice or do anything about her “get out of jail free” pass.
Interesting how it is always absent from the news as well. Didn’t she have a scheduled hearing for June 15th, and nothing mentioned? She is a disgrace and so is her family.
I’m going to say the main difference is the leadership at the Alameda County DA office and the Contra Costa DA office. One office, Coco was lead by a crook.
Sorry, meant led. I’m happy that our DA’s office is sending the message, we will not tolerate this behavior and will work towards swift consequences.
Whoever posted “Of course she did” shows their ignorance of the judicial system as well as making damning assumptions. The problem with our society today is that we want the trial and sentence before the authorities have completed their investigation. At the rate that the police are being prosecuted, both by the public and by the Alameda County DA for doing a tough job, it is hard to believe that you are expounding as fact that a spouse has a “get out of jail free” card. Yarenit has been prosecuted before and I’m sure she will be again when the DA has all of their ducks lined up in a row. You don’t start the clock on a prosecution until you have ALL of your evidence ready to go.
When you say Yarenit “is disgrace and so is her family”, you are painting a lot of people with a broad stroke of the brush when you know none of them. Just because she has an alcohol/drug problem and needs to be held accountable for what she did,it does not mean that her “family” (mother, father, husband or children) are bad people. You have no idea what they have or have not done to get her the help she needs.
Just to be clear, I do not know this person or their family and I do think she needs to be held accountable for her actions.
@CWM
“When you say Yarenit “is disgrace and so is her family”, you are painting a lot of people with a broad stroke of the brush when you know none of them. Just because she has an alcohol/drug problem and needs to be held accountable for what she did,it does not mean that her “family” (mother, father, husband or children) are bad people. You have no idea what they have or have not done to get her the help she needs. ”
Tell that to Elijah Dunn’s family that the serial DUIer’s family did not enable her.
She was already arrested and released pending trial on a June 2016 DUI and child cruelty
https://www.pleasantonweekly.com/news/2017/01/04/pleasanton-woman-still-awaiting-possible-charges-for-fatal-crash-sentenced-in-other-dui-case
when she killed the boy in Sep 2016. Are you telling me her family letting her keep on driving unhindered and hammered while still awaiting trial was somehow understandable?
Another stark contrast is that Ms. Barbero was charged with MURDER. Meanwhile Malihan is on trial for “gross vehicular manslaughter”(to which Malihan plead “not guilty”).
I’m no legal beagle but isn’t Murder a rather serious felony and much more serious than gross vehicular manslaughter?
It is a no brainer that you feel for the victim’s family. However there is a process that needs to be followed which does not always move as fast as we like. I believe that justice will be served at some point.
It is obvious that you have never dealt with a person who has an addiction. As the old saying goes, you can lead a horse to water but you can’t make it drink. Do you have any PROOF that anyone in the family enabled her to do what she did? If you do, I strongly suggest that you talk with the authorities so they can include your evidence into the investigate to determine if a crime was committed by another person for aiding and abetting. If you don’t have any evidence, then don’t make assumptions. Heck, for all you know she may be estranged from her family and living in a flea bag motel somewhere. I agree that she needs to be held accountable, you just need to let the process play out.
Yes, murder is a much more serious offense. It all has to do with intent. That is exactly why I say let the process play out. The DA may be attempting to get the necessary documentation to prove intent to support a murder charge.
CWM
Yeah. Unless, of course, it was YOU who were affected by this tragedy…i.e. it were your wife, son, brother, daughter, mother, father that were the victim of this heinous crime. I just wonder how much “due process” you would be preaching then?
IMHO both Barbero and Yarenit should go to prison for many, many years. If I were King they would get a life sentence for each life they took.
Alcohol addiction may be a “disease” but it is not an excuse. Both drivers made the decision to get behind the wheel of a car intoxicated. Anyone over 10 years old knows driving after drinking is illegal and can have devastating consequences. Yarenit knew this because she had 3 previous DUI arrests. Why she still had access to car keys I find mindboggling!
Take responsibility folks! Innocent people are DEAD because these selfish women were thinking only of themselves.
Drunks, stay home. Absolutely no sympathy for drunks who drive.
Joe Schmo
You are right! We are on the same side. I’m not excusing bad behavior. But if you want the punishment to fit the crime you need to let the process play out. Our system of justice doesn’t always remember the hurt that is left behind for the victims families, only that the accused have a right to a trial and the DA must prove their guilt. I will only say that I dealt with this exact crime on a daily basis my entire working career so I know how frustrating it can be trying to gather the evidence to establish the elements of intent in order to maximize the charges and to be able to convict on the evidence you have. Justice will prevail but maybe just not as fast as we think it should.
@FrequentWalkerMiles: “I’m no legal beagle but isn’t Murder a rather serious felony and much more serious than gross vehicular manslaughter?”
I’m not a lawyer, either, but it seems that there must be some additional information about this case that was not mentioned in the article in order for the driver to be charged with (2nd degree?) murder rather than gross vehicular manslaughter. Recall that in the Cody Hall case that what prompted the prosecutors to increase the charges to (2nd degree) murder wasn’t the excessive speed (about 88 mph in a 45 mph zone, if I remember correctly) and carelessness that Cody Hall showed in the tragic accident that killed a bicyclist, but the discovery of a long history of social media posts by him in which he boasted about his reckless driving habits. There must be some other information about the present case that caused the prosecutor to go beyond gross vehicular manslaughter and seek a murder charge.
Just googling her name I found this:
https://localcrimenews.com/welcome/detail/14618546/
I don’t know if this is the same person but she was previously arrested for DUI
Previous Arrest History
Arrested For: By:
DUI Alcohol/Drugs Alameda
Drive W/License Suspended For Drunk Driving
DUI Alcohol/Drugs With Bodily Injury Livermore
Drive W/License Suspended For Drunk Driving
DUI Alcohol/Drugs With Bodily Injury Livermore
Malihan needs to be in jail, or death row. If I were the family of the victim id be opening a civil suit up against every person that aided her long list of special treatment through the judicial system back to the first incident.
I have idea why yaranet was not charged with murder, she should have been. I can only pray that her prison girlfriend takes care of her so that she will never again be able to drive. Or walk. Or breathe.
Her family, her husband, most certainly DID enable her to continue drinking and driving. He could have taken the keys, sold the car, forced her into a locked treatment facility. He did none of that. He most likely did not want the disruption in his life of having to take full responsibility for their kids and any of the other things that jerk wife did when she was not falling down drunk.
She needs to be locked up for life. However much life she has remaining, the less the better.
Losing a child or family member by a drunk driver is devastating. The person driving has to live knowing they took a life. That is a terrible memory to live with. Having lost a child to a hit and run drunk driver, I WAS angry. I am still sad. But also, we had an alcoholic child…now deceased and that is also devastating. We were blamed for not stopping her from drinking. How do you stop an adult from drinking? You don’t. They have to want to stop. Some make it, some don’t. The ones that don’t stop drinking pay severe consequences. The Justice System will handle these above mentioned cases…just let them do their job. It is not our place to judge. God is the only judge. If you want to do something, PRAY!
Too bad she wasn’t born black and had a law degree. She could have had the charge reduced to misdemeanor.