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A Pleasanton woman with previous intoxication-fueled run-ins with law enforcement was sentenced to seven years in state prison Friday after accepting a plea agreement for causing the fatal DUI crash that killed a toddler on Interstate 680 in San Ramon a year and a half ago.
Yarenit Liliana Malihan, also identified as the wife of an Alameda County Sheriff’s deputy, pleaded guilty to gross vehicular manslaughter while intoxicated in connection with the crash that killed 3-year-old Elijah Dunn and injured his mother and siblings in September 2016.
Contra Costa County Superior Court Judge Patricia Scanlon sentenced Malihan to seven years in state prison in accordance with the term agreed upon by the prosecution and defense in the plea deal.
But the actual time in prison could prove to be much less than that, under state correctional guidelines.
Malihan, 40, received nearly a year and a half worth of credits for time served while awaiting trial — for roughly eight months for actual time in Contra Costa County jail and for an equivalent amount in behavioral credits. She could be eligible to serve only half of her remaining sentence, with good behavior in prison.
The prison term broke down to six years — the midterm sentence under the law — for gross vehicular manslaughter while intoxicated and one year for a special enhancement of multiple victims involved in the crash.
“The district attorney’s office charged and resolved this case based on the evidence. The circumstances of the offense, and the Legislative sentencing parameters on the charges guided the plea,” said deputy district attorney Alison J. Chandler, who prosecuted the case.
She had faced up a maximum of 11 years in state prison had she been convicted of all charges against her, which also included a felony DUI count that was dismissed as part of the plea deal.
Malihan made a brief statement in the packed courtroom in Martinez on Friday afternoon, offering remorseful comments to Dunn’s family, according to her attorney, Joshua Olander.
“It was a brief statement expressing her remorse and she was hopeful that the family can forgive her,” Olander said. “Not a day goes by, or will go by, that she won’t think about her actions that took the life of the child. As a mother, that weighs very heavily on her.”
Criminal restitution remains open for Dunn’s family, according to Chandler. As for whether Malihan will ever be allowed to drive again with her DUI history, that question will be answered by the California Department of Motor Vehicles upon her release from prison, the prosecutor said.
The sentencing Friday was an emotional hearing for the two families, according to Olander.
“It was a courtroom of over 70 people between both families, and I don’t think that there was a dry eye in the house. It was sad. It’s just a very sad case,” the defense attorney said. “Hopefully both families can begin to move on and heal.”
The crash that claimed the life of young Dunn took place around 6:20 p.m. on Sept. 9, 2016. when 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 the toddler and injuring his mother, brother and sister, the California Highway Patrol (CHP) reported at the time.
Malihan was arrested several days after the crash but remained out of custody for nearly eight months until authorities completed their investigation and the DA’s Office filed charges. During that time out of jail, she was also arrested on suspicion of public intoxication in Pleasanton and sentenced in an unrelated misdemeanor case for reportedly driving while intoxicated with her daughter in the car.
It took the CHP-Dublin office more than four months to complete their investigation into Dunn’s death, forwarding the case to the DA’s Office for review and consideration of charges on Jan. 20, 2017.
After another four months of investigation of their own, prosecutors formally charged Malihan with gross vehicular manslaughter while intoxicated and felony DUI with multiple victim enhancements on May 19.
She has remained in jail custody in Martinez since surrendering to authorities on the arrest warrant that weekend.
That marked the second time last May that Malihan was in police custody. She was arrested on May 12 after Pleasanton police alleged she was seen severely intoxicated near Bernal Avenue and Sunol Boulevard early that afternoon.
Malihan was also sentenced in December 2016 after pleading no contest to misdemeanor DUI and child cruelty charges for reportedly driving while intoxicated with her daughter in the car that June. Olander said Malihan now faces a charge of probation violation in that case because of her manslaughter conviction.
In the aftermath of the fatal crash, supporters of the Dunn family launched an online petition urging changes to rules that allow DUI arrestees to retain their driver’s license after posting bail and remaining out of jail while the case is still pending. The petition, on change.org has garnered 3,200 signatures to date.
The community at-large also reached out to help Dunn’s family financially after the crash, with donors contributing a shade under $100,000 to “The Elijah Dunn Family Fund” GoFundMe page — nearly double the $50,000 goal.
How many years did Brian Miller get? She’s doing 3?
Wow
How many years did Cody Hall get? And she’s doing 3? #hopelessdrunk #sickening #nepotism
If she were a man she’d get double. Feminists gonna cry about this ruling? (or only when it fits their agenda?)
Before he violated his probation, the attorney, Spencer Freeman Smith was sentenced to one year, of which eleven months could be spent at home with electronic monitoring. I don’t know how much of the original sentence he actually spent in jail.
(Did anyone ever hear the outcome of the charge that he misled the court concerning his wife’s health?)
So we use young kids as examples and throw them in person forever, after one offense and this woman gets off with 7 years, probably serve 3!!! A baby boy was killed and taken from his family????And she she had prior and after offenses??????What!!!! Wrong
Don’t even have words to adequately express how wrong this is, and how justice was NOT served in her case.
She should pay the price for her reckless actions, time and time again.
The fact that she could continue to come to her children’s school after this happened and volunteer in the classroom like nothing happened says so much about her, and her lack of remorse. Shame on her. Shame on all of her friends and family that allowed her to have keys to her car and drive after the first incident.
She made a choice to get behind the wheel on the day that she killed Elijah, even after being caught driving drunk with her daughter in the car just weeks prior.
In just 3 years she will be free and go on with her life like nothing ever happened, while Elijah’s family will spend the rest of their lives missing their little boy. Something very wrong with that.
She deserves the death penalty for killing and innocent soul.
3 years? What a joke.
She needs a sentence that will not allow her to see her kids recitals or sporting events. Graduation from middle school, high school and college. She should not be able to witness her kids get married or ever meet her grand kids without a reinforced glass window between them.
RIP to the young soul that was lost in this tragedy.
What a real joke ! Yes, she will have to live with this the rest of her life, but she has had several offences with the law and this is all she gets for killing that small infant that didn’t get a chance to a complete life much less get the love of his parents. She will no doubt be hitting the bottle when she gets out. They should keep her locked up and throw the key away. You call this justice ??
Just where has her cop husband been every time she drinks and drives? Why has he allowed her to drive drunk with their kids in the car? Come to think of it, what purpose could he have for even remaining married to a piece of garbage like that? Here’s hoping that she is claimed as a personal prison b**** by the biggest badass in the jail.
Is she a US citizen?? Those people come over here and take advantage of our freedom.
Stay home If you want to drink…
Earlier reports indicate the car with toddler Dunn was on the side of the freeway because it ran out of gas. Yes, Malihan was a drunk repeat menace, and three years is not enough, but please don’t needlessly expose your family to such danger for so preventable a cause as having gas in your car. The side of the freeway is just not a safe place, from drunks to debris to chain reactions from a simple flat tire. Get to surface streets if you can.
Thanks Just an Idea, I didn’t know about a breathazlyzer that can be installed on the cars of DUI offenders. That should be mandatory in all states. I am appalled and disgusted that she will serve so little time. And the quote “as a mother, it weighs heavily on her”. Right!! She drove drunk with her own child in the car. She’s not much of a mother in my book. I agree she is one of those over top, refuse to get help addicts that will one day kill herself thru booze or in a car. Unfortunately, they are the ones who take innocents with them. I am always disgusted that in these crashes that they cause, they are never hurt. They just kill or injure other people. I don’t know why her license was retained after she was arrested on another DUI that killed a baby. Her license should have been taken away immediately and she should have been in jail or on house arrest, and if she wasn’t a cop’s wife, she probably would have been. I just hope she gets a severe case of the DT’s in prison and someone posts it on Facebook. Rot in prison, murderer.
I guess this puts murderers on notice – if you’re an illegal alien or a cop’s wife, you can get away with murder. Disgusting.
This is “feminism” at work.
If she were a man, there’d be a different outcome.
Yay equality, eh ladies?
Or a black cocaine binging labor law lawyer
@safety please are you really blaming the victim’s family for being on the side of the road? An empty gas tank doesnt automatically mean poor planning. Heard of a faulty gas guage? 3 years for taking an innocent life by a repeat offender! Let’s place blame where it belongs: the drunk and the “justice” system.
“Safety Please” made a good point. Being stopped by the side of the freeway is a very dangerous situation and I have read at least three recent stories where a car or a van stopped on the side of a freeway got rammed by a car whose driver was drunk or falling asleep with tragic results. I think that what’s happening is that these drunk drivers just lock their focus on whatever car is in front of them and try to follow it without noticing if the car is stopped. If you ever develop car problems on the freeway, try to make it to the next exit if at all possible. If you can’t do that, then pull as far off the freeway as possible.
“If she were a man, there’d be a different outcome.”
“Or a black cocaine binging labor law lawyer”
@ DKHSK–Keep your sexual bias out of it — the MALE lawyer got off far easier than this piece of garbage woman.
I believe that the cop husband might have had some influence but I really have no idea for certain. I also know that she deserves to remain locked up for life as she has proven time and again that she will go back to drinking and driving. Take away her license for life? Like that would stop her. She will just drive without it and the husband will sit there and watch it happen. He’ll buy the vehicle, pay for the insurance and give her the keys. Talk about being an enabler. It would be interesting to know how the Alameda County Sheriff’s office feels about that. When you make it possible, even attractive, for a drunk to continue driving — to the point of committing murder — you bear some of the blame.
Yeah, she made a deal alright,… to save HERSELF !! She obviously didn’t give a second thought to ALL THE TIMES SHE DROVE DRUNK. That baby is NEVER, EVER COMING BACK !! If the punishment fit the crime, it probably wouldn’t happen as much as it does. Part of her punishment should have been to go to the morgue and see that baby being prepped. Then, attend the funeral, and PAY FOR IT !!!
Just a year before this happened, this woman sped down her street and ran over my brothers dog…then fled and hid in her home. This is not a one, two, or three time occurrence for this woman. This plea will do nothing for her. Someone needs to take her license away for good.
Angry neighbor, I am so sorry about your brother’s dog. That is so terrible. Did anything happen to her for that? This woman is a menace to society and the cop husband is as much to blame. If she didn’t have a car in the driveway or keys to drive it, she wouldn’t be driving on the roads causing tragedies everywhere she goes. Doesn’t he care that she’s driving his kids when she’s drunk? She shouldn’t be allowed to volunteer at her kids school. I don’t want her around my children. Her license should have been permanently revoked a long time ago, but I guess that wouldn’t stop somebody like her. Maybe she’ll drink herself to death. I am horrified that she drives drunk with her own kids in the car. That quote about her being sad, because she is a mother too really got me. Driving drunk with her own kids in the car – Thanks Mommy! Maybe we should put her up for mother of the year!
Hoping for some “jail justice” on this one.
I seem to remember reading a John Grishom novel that, to paraphrase badly, said something like: “some people are so awful that they simply cannot be allowed to live.”
Yup, that’s her. Hope she gets her real justice in prison. She certainly didn’t get it in court. And before someone says that she does not deserve to die, please remember that she has driven drunk on multiple occasions, she has driven drunk with her children in the car, she has been cited for DUIs and drunk in public charges, and now she has committed murder while drunk. Yes she does deserve to die for it. Simply because she will never stop and the only way to prevent another murder is to remove her from this earth.
Hopefully justice has been done.
Just another painful example how our leaders here in california are NOT interested in protecting us or upholding the law in fair and impartial ways. Vote them out and let them know that we won’t stand for this anymore! California is off the rails crazy….and it won’t stop if we keep voting the same kind of criminals in power term after term.
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and she will be back drinking in three years.