Jury convicts Pleasanton woman of murder for fatal DUI on Highway 84 | News | PleasantonWeekly.com |

News

Jury convicts Pleasanton woman of murder for fatal DUI on Highway 84

44-year-old scheduled to be sentenced in March

A Pleasanton woman with a history of drunk driving was found guilty of second-degree murder last week at the end of a jury trial over a 2017 DUI crash in which she struck a pedestrian who was standing off the road alongside Highway 84/Isabel Avenue, according to Livermore police.

Jennifer Barbero, 44, is scheduled to be sentenced on March 20 following her conviction, police said.

Barbero was behind the wheel of an SUV around 10:20 a.m. on May 26, 2017, traveling southbound on Highway 84 just south of Interstate 580 when her SUV hit Livermore resident David Nemeroff, who was standing next to his vehicle that was stopped on the side of the road, police said at the time.

Nemeroff, 73, sustained critical injuries in the collision, which occurred on the Friday morning of Memorial Day weekend in 2017. He died from his injuries at a local hospital that Sunday May 28, 2017.

Police reported at the time that Barbero, who remained at the scene with her SUV seriously damaged, exhibited signs of impairment including poor balance and red, watery eyes. A blood test would confirm alcohol intoxication.

Further investigation also revealed she had a 2008 misdemeanor DUI conviction in Alameda County and a 2014 conviction for reckless driving involving alcohol in Contra Costa County, as well as a separate DUI case pending at the time of the fatal crash stemming from a 2015 incident in Alameda County, according to court records at the time.

Barbero was charged with second-degree murder in connection with Nemeroff's death.

Her case went to trial in recent weeks, and an Alameda County jury found her guilty on Jan. 30 of second-degree "Watson murder" -- which refers to a serious type of fatal DUI under California law that typically arises when a driver has prior DUI cases or convictions, leading to the implied malice needed to prove murder.

The Alameda County District Attorney's Office did not respond to a request for comment on Barbero's murder conviction. Contact information for her defense counsel was not immediately available.

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Comments

28 people like this
Posted by My opinion
a resident of Downtown
on Feb 5, 2020 at 9:30 am

This woman is appropriately charged with murder and Yarenit Liliana Malihan gets a plea deal for manslaughter and is probably already out of jail to drink, drive and kill again. Where is the outrage over Yarenit Liliana Malihan? She had multiple DUIs and also committed murder, she should have been torn from her family life and jailed forever.


19 people like this
Posted by Recie
a resident of Mission Park
on Feb 5, 2020 at 10:00 am

Hoping this case will serve as a serious deterrent to others who risk the lives of others by driving while under the influence. It seems this type of Watson murder has a 15 to life sentence, in addition to a strike. This is the type of sentencing that should have been given to the woman that took the life of sweet Elijah Dunn in 2016. I always think of that family and hope they have found some level of peace.


14 people like this
Posted by Chris
a resident of Birdland
on Feb 5, 2020 at 12:16 pm

To My Opinion - I totally agree. Makes no sense...But that is our judicial system...


14 people like this
Posted by Pleasanton Parent
a resident of Pleasanton Meadows
on Feb 5, 2020 at 2:39 pm

My Opinion - you absolutely nailed it.


13 people like this
Posted by Anonymous
a resident of another community
on Feb 5, 2020 at 9:44 pm

Agreed an eye for an eye! We can’t fix that now but we can hope that others see Jennifer as an example. One persons decisions can hurt so many Innocent others!! Why did she not learn from her previous mistakes.? She ruined the life of so many. I’m disgusted by her decisions but happy justice will be served in her case. Due to the fact she has prior DUI stuff I hope she gets the MAX!


15 people like this
Posted by Lynne N.
a resident of Dublin
on Feb 5, 2020 at 9:50 pm

I believe that anyone who "accidentally" kills someone while under the influence of mind altering drugs should be tried on Murder One. When one has had 3 previous DUIs, the third strike law should apply. If one chooses to get in a 2,000 pound bullet and runs over someone, they are guilty of Murder, not manslaughter. She knew she could kill someone and herself, but her disease of alcoholism was more important. So she chose to drive knowing full well killing someone was possible. Pre-meditated murder.


14 people like this
Posted by bobbdobolina
a resident of another community
on Feb 6, 2020 at 3:26 am

Lynne N. I dont disagree with you and the point you are trying to make i just wanted to point out that you refereed to her problem as a disease which is going to garner sympathy from some people saying that by having that as a disease she deserves treatment. i would stick more to the act was a choice she made view giving any opposition less chance to debate the issue. once again im not against you and i dont disagree with you.


12 people like this
Posted by Wombat
a resident of Downtown
on Feb 6, 2020 at 8:18 am

Actually, it wasn’t “pre-meditated murder” or 1st degree murder because it wasn’t planned in advance. It was just very heartless and recklessly irresponsible for her to get behind the wheel drunk because she had multiple DUI’s and knew that she could end up killing someone. That’s why she was charged with and convicted of 2nd degree murder.


12 people like this
Posted by Transparency...........
a resident of Another Pleasanton neighborhood
on Feb 6, 2020 at 10:16 am

Yarenit Malihan's husband was an Alameda county deputy.


18 people like this
Posted by sanity
a resident of Amador Estates
on Feb 7, 2020 at 1:16 pm

Too bad she wasn't an illegal alien, she would have been acquitted and given free health care.


14 people like this
Posted by Kiko
a resident of Val Vista
on Feb 7, 2020 at 2:59 pm

She should have asked for a change of venue to San Francisco then she could have said she found the car with alcohol already in it and she would have been found not guilty.


11 people like this
Posted by Lynne N.
a resident of Dublin
on Feb 7, 2020 at 3:10 pm

@bobbdobolina,

Alcoholism is a disease, just like cancer. I urge you to do a search on "Is Alcoholism a disease?" and see what you find. I believe that you will be surprised.


11 people like this
Posted by what?
a resident of Castlewood
on Feb 7, 2020 at 3:10 pm

So she gets murder but a felony convicted illegal alien takes and gun and kills Kate Steinle and doesn't get anything???? Cali is now a complete joke if it wasn't before


9 people like this
Posted by Lynne N.
a resident of Dublin
on Feb 7, 2020 at 3:26 pm

*Wombat*

In my opinion, not by law, it is first degree murder because she knew she could kill someone if she got behind the wheel. She knew she was an alcoholic.

It's like if I have a gun in my drawer. I've never used I've used the gun 3 times before. I know that I could kill someone if I didn't use the gun responsibly. Yet I'm incapable of not playing around with the thing. I have to play with it. I pull the trigger knowing the gun is loaded (drive) and kill someone in my house. I murdered them plain and simple because I had previous knowledge that I *could* kill someone. If I had stayed away from the gun (car). Nothing bad would have happened. Again I please realize that this is my opinion.


17 people like this
Posted by Nick
a resident of San Ramon
on Feb 8, 2020 at 10:05 am

Alcoholism isn't a disease, it's a self inflicted disorder. She's an alcoholic, and I have no empathy for her. Put down the bottle, and don't get behind the wheel of a car. Sick of drunks.


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