Crime Stories with Nancy Grace - Drunk Driver 'Peels Out,' CRASHES, Kills Grandma and Tot Boy. NO ARRESTS?

Episode Date: July 10, 2023

A road trip to a family dinner leaves two people dead and four others injured. Aura De La Cruz Calderon de Tobar, 74, and Yeshua Elijah Cordova Tobar, 5,  were riding in the backseat when a white Hon...da Accord crossed multiple lanes and struck their car head-on. Reports say the driver of the Honda Accord was intoxicated at the time. The 30-something unidentified male is reportedly hospitalized in critical condition. No charges have been filed.  Joining Nancy Grace today:  Tiffany E. Feder - Family Friend, Attorney; GoFundMe:  www.gofundme.com/f/TragicLossofGrandmotherandherGrandson; Instagram: @criminaldefense  Caryn Stark - Psychologist, Trauma and Crime Expert; Twitter: @carnpsych Jason Jensen - Salt Lake City, UT Private Investigator and Owner of Jensen Private Investigations; Co-founder: "Cold Case Coalition;" Twitter: @JasonJPI, Facebook/Instagram: "Jensen Investigations" Dr. Maneesha Pandey - Chief Forensic Pathologist for Forensic Pathologists LLC in Ohio; Board-certified Forensic Pathologist Patricia Rillera - California State Executive Director for Mothers Against Drunk Driving (MADD): @MADDNational; @MADDCalifornia #ONEMADDCALIFORNIA; #NOMOREVICTIMS  Jen Smith- Chief Reporter for DailyMail.com; Twitter: @jen_e_smith See omnystudio.com/listener for privacy information.

Transcript
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Starting point is 00:00:00 This is an iHeart Podcast. Crime Stories with Nancy Grace. A five-year-old little boy and his grandma visiting. Both dead. Why? According to reports, because of a wrong-way drunk driver. I'm Nancy Grace. This is Crime Stories. Thank you for being with us here at Fox Nation and Sirius XM 111. First of all, take a listen to our friends at KTLA. A very heartbreaking story. We're talking about a little boy around the age of five. He was riding in a car seat. He was very injured, we're told, taken to the hospital where
Starting point is 00:00:50 he died. Now, the second victim, a woman in her 60s, she also died. She was pronounced dead here at the scene. Several people also injured and taken to the hospital this morning. This was a crash between two vehicles. It was around nine o'clock last night and according to the report one car a white Honda Accord was going northbound and at some point for whatever reason the white Honda crossed over to the southbound side and collided with another car a gray Honda Civic. The LAPD telling us one car had two passengers both were taken to the hospital with injuries and the driver said to be in critical condition. Quick question. I want to go out of an all-star panel to make sense of what we are learning right now. To Patricia Riera, California State Executive Director for MAD, Mothers Against Drunk Driving.
Starting point is 00:01:40 Patricia, thank you for being with us. Quick statistic from you. When a person is caught driving drunk, what is the estimated number of times they have They just haven't gotten caught. And keep in mind that here in California, 30% of all crashes in California are alcohol related. Whoa, wait, wait, wait, wait, wait. Yes. Patricia Riera. Yes.
Starting point is 00:02:18 You got me drinking out of the fire hydrant here. That's so much information so quickly. Let me digest. Before I get back to little elijah let me digest what you're telling me guys you are hearing the top cop and let me put it out of mad from california california of the most powerful forces against drunk driving in our nation. I had in my head 74 times that a person, I don't know where I got that number. I must have said it so many times in the past, when a person is caught driving drunk, they have estimated driven drunk around 74 times without getting caught.
Starting point is 00:03:14 That is correct. Okay. I just had to absorb that statistic right there. Yes. Okay. Then you said about 30% of what is due to drunk driving? 30% of all crashes in California are alcohol related. Oh, that's terrible.
Starting point is 00:03:35 Nancy, California is the second highest state for fatalities behind Texas. So we clearly have an issue with impairment in the state of California. You know, it's hard for so many people to take in. Patricia, I almost want you to say those stats again. But let me go to Karen Stark, a renowned psychologist joining us out of Manhattan. You can find her at KarenStark.com. That's Karen with a C. Karen, thank you for being with us. I want to just say 74 times they've driven drunk, estimated average, and they're still doing it, knowing what kind of disaster they leave behind in their wake, risking their jobs, their families, their lives, other people's lives. Why do they keep doing it? I mean, I'm just a trial lawyer.
Starting point is 00:04:36 You're the shrink. Help me out here. I'm happy to help you out, Nancy. What a tragedy. Really terrible story. Five years old. Do you remember the twins? Of course you do. When they were five. Of course I do. Because I would bring them into the studio and you would see them and play with them. Five years old. Just so precious and so wonderful. Little miracles.
Starting point is 00:04:58 Presents from heaven for us to raise. And this little boy, Elijah, and his grandma who's visiting him, dead because of a drunk driver. I mean, why risk everything, Karen Stark? And look at those pictures of him, Nancy. He's just such a vibrant, beautiful little boy. They risk everything because they don't feel like they're risking everything. They're in denial.
Starting point is 00:05:31 When you're drinking, you're in an altered state. And people who drink and drive are telling themselves that they are not too drunk to drive, that they're perfectly fine, they know what they're doing, and they don't believe that they're taking a risk. That's why you see that they do it so many times. Nothing stops them because they get away with it each time, which reinforces that they can try again. And denial is very powerful. You know, I've heard people say, oh, I can handle it. I can do it. Yes. I don't understand why they think that somehow they're different from every other drunk driver in the world that crashes and kills. Guys, take a listen to our friends at ABC7. The family was on their way to dinner here along this dark stretch of Woodley when their lives were suddenly ripped apart. Two innocent lives lost, that suspect allegedly driving under the influence.
Starting point is 00:06:26 A heartbroken mother overcome with grief as she describes the moment she saw her five-year-old son and her mother lying in the street after a speeding suspect slammed into the car they were riding in. I can't see my life without him. I can't see my life without him. What more do we know about that night? Listen. The innocent five-year-old was in the car with his grandmother, who was visiting from El Salvador, and his stepsister and her boyfriend Thursday night
Starting point is 00:06:54 when police said the suspect suddenly veered into oncoming traffic, slamming head-on into their car. It happened on Woodley Avenue near Woodley Park in Van Nuys. I love my life. My life going with him. I'm still asking to God what happened. He heard the mom speaking earlier. Now the father, heartbroken and devastated, listened to our friend Leanne Suter.
Starting point is 00:07:24 The suspect, who was critically injured in the crash allegedly driving under the influence a GoFundMe has been set up to help the grieving family always happy and full of energy the recent preschool graduate was the light of his family their joy and happiness his parents struggling to comprehend the unimaginable, desperate for answers and justice. I don't feel my heart. I feel empty. I don't see my days without my son. It just hurts me so much to hear that mother and father talking about, I don't see my life without him. You know, sometimes David and I, my husband, look at each other and we go,
Starting point is 00:08:05 how did we think we were happy before we had the twins? Because they really are our focus, our reason for living. Just such a blessing to us to have them. And that is how this family felt about five-year-old Elijah. Joining me right now, chief investigative reporter from DailyMail.com, Jen Smith. Jen, on the story from the very beginning, of course, Jen, it's not a story. It's real, real people devastated. What do we know, Jen, about what happened? Yeah, I mean, you're absolutely right. This is not a story that anyone wants to be telling. It is a real life tragedy and so easily preventable if we're going with what we think has happened, which is that this other driver was under the
Starting point is 00:08:55 influence. So we know that the family was on their way to dinner. There were two cars. Elijah was in the car in front in the back seat with his grandmother, Ora. Driving that car was his step-sister and her boyfriend. Now, his parents or at least his mother were in the car behind him. So they actually watched all of this unfold, if you can believe that. This other driver somehow is driving southbound out of nowhere, veers into the lane where Elijah and his family are driving, smashes into their vehicle. Clearly, Elijah and his grandmother in the backseat of the car were the most severely injured. They were thrown from the car, is left watching in horror as her daughter, her son and her mother are lying in the street. Now, the driver responsible for this, we don't know much about them.
Starting point is 00:09:55 All we know is that it's a man in his 30s who was also severely injured, taken to the hospital. A very busy, chaotic scene, Nancy. This happened at around 9 p.m. on June 29th. It was a Thursday night. And this area, you know, Van Nuys is part of central Los Angeles. It is pretty busy, but the road that this happened on was uncharacteristically quiet and dark for this area. And it's also near a park.
Starting point is 00:10:27 It's near a kind of reservation area. So whether or not this is an area where accidents frequently happen, we don't know. But we do know that something clearly, potentially alcohol or even drugs, has played a huge role in this tragedy. Crime Stories with Nancy Grace. Not only allegedly driving drunk, but also veering into the wrong lane. The shock of the mother and father looking as their child is thrown out of the car. And it's doubly upsetting
Starting point is 00:11:17 because this family was doing everything right. The little boy Elijah was in the backseat like he should have been, strapped into a car seat like he should have been, beside his grandmother, no doubt, talking to him, petting him, loving on him, laughing with him, when out of the blue they're dead. Just like that. Trying to go out for a family dinner, celebrating grandma visiting, and it's all torn to shreds. The family devastation set aside. As a trial lawyer, we immediately began to decipher what exactly happened. Take a listen to Annie Rose Ramos, KTLA. The two-car crash happened around 9 p.m.
Starting point is 00:12:08 According to police, a white 2014 Honda was traveling north when for unknown reasons it went into the opposite lane, the southbound lane, where it collided head-on with a gray 2020 Honda Civic. Inside that gray Civic were four people. In the back seat, a 74-year-old grandmother and her five-year-old grandson in a car seat beside her. The others in the front seats was the five-year-old stepsister and boyfriend who walked away with minor injuries. From what we're understanding, Jen Smith, Jen is the chief investigative reporter with DailyMail.com. There were no other road hazards, like it wasn't raining to the point you couldn't see. It wasn't raining at all.
Starting point is 00:12:48 There were no other hazards on the highway. Nothing at all until the drunk, the allegedly drunk driver, out of nowhere, veers over into the victim's lane. Is that right? That is right. Yeah. No other hazards that could have contributed to this other than, you know, driver error, Nancy. I mean, this, like you say, wasn't as if it was a wildly dangerous, wet, windy, stormy night or anything like that. You know,
Starting point is 00:13:16 clearly this family felt like they were safe to be going out for dinner in two cars. You know, there was a few of them there. Nothing to suggest this sort of danger. And, you know, they, we believe, are a local family. They knew this area pretty well. Obviously, Grandma was visiting. But as for the parents, they knew exactly what they were doing. So they had no reason to believe that they were putting themselves and their son, their children, in harm's way.
Starting point is 00:13:42 Jason Jensen is joining us out of Salt Lake City, private investigator, owner of Jensen Private Investigations and co-founder of Cold Case Coalition. You can find Jason at jensenprivateinvestigations.com. Jason, thank you for being with us. I immediately go to the facts thinking that somehow some fact is going to prove an important fact of this case. How do you, as a private investigator, go about putting this scene back together again and finding out what happened?
Starting point is 00:14:20 Sure. Thanks, Nancy. What's interesting about this case is, as tragic as it is, there is a crash that occurred where we have ey Avenue is divided with two lanes north, two lanes south, and it's only painted in the center. So there's no center island. So what caused that driver to suddenly veer if there's no obstructions, there's no, you know, disabled vehicles or anything like that? Typically, when you're dealing with a drunk driver there's some kind of distraction within the vehicle so for instance if they're on their phone they drop their phone and and they're not paying attention now because they're under the influence so when they like turn to the left or turn to the right their hand steers the wheel with their body. So we look for something like that.
Starting point is 00:15:32 And there was somebody in the car that eventually can be interviewed. I'm thinking through everything that Jason Jensen just told us, a high-profile Utah private investigator. Joining me right now, I told you we had an all-star panel. And that is a fact. With us now, I told you we had an all-star panel, and that is a fact. With us now, Tiffany E. Fetter. She is a very well-known lawyer and a family friend. Tiffany, thank you for being with us. As you heard earlier from Patricia, I don't have words to express how badly we feel for this family and what they are going through. You know additional facts.
Starting point is 00:16:15 What more can you tell us, Tiffany? Well, beyond, I'm just as shocked by what I've heard regarding these statistics. This is a very loving family. Yeshua Elijah was five years old. He just graduated pre-K. He was starting a new school. Five years old. He loved Super Mario Brothers and soccer, and he was literally the joy of his parents' eyes. The mother was in the car behind them the daughter called her she was stopped at a red light that they had just been in an accident she was about eight cars behind she pulled up on the scene to see her son on the floor
Starting point is 00:16:56 and her mother had already passed away and I can't even imagine what Anna's been going through. She's the most gentle, loving person to endure a double tragedy like this that could have been avoided and this stretch of Woodley's very dark. This is not the first accident. There's been, there's been many. And he, the driver actually peeled out of the parking lot at a very high speed and hit them. It's just devastating. The family needs to pick up these pieces for the rest of their lives. Tiffany, you said something that I didn't, well, you said a lot that we didn't know, because you're on the inside, we're on the outside looking in. With me is a very well-known lawyer, Tiffany Fetter, who is also a family friend of the victims in this case. Tiffany, you said that the alleged drunk driver peeled out and hit them. What do you mean by that? I thought the
Starting point is 00:18:08 driver was just going along very slowly and then veered off. Although I'm hearing from Jason Jensen, it was a four lane. So they had to veer across basically three lanes to crash into the victims. But what do you mean by peel off? Out of where? For what? So there's a park there that's often frequented by people that are drinking and engaging in whatever they're doing. He peeled out of the parking lot at full speed and collided into oncoming traffic. That's correct. Went three lanes plus the middle, however big that is. But he peeled out of the parking lot at full speed when he hit them. There's marks on the street of where that happened. Okay, wait a minute. You said it was a park that is known for people drinking and you said, and whatever. What do you mean by drinking and
Starting point is 00:18:59 whatever? Okay, here's an example. I just took the twins, David and I took the twins on a trip and we were trying to walk back to our hotel and we found a pathway by a river to get back to the hotel. And I asked someone, is that safe for me to walk the twins home down this path at night? And they went, absolutely, yes. It's very safe. It's known for date night, that people go dates, go strolling up and down the river at night. And sure enough, that's what it was. No drinking, no drugs, not even a cigarette. Literally, couples were hand in hand, just walking up and down, stopping, looking out at the water at 930 at night. So that's what that area is known for. You said
Starting point is 00:19:54 this is a part where people drink and quote, whatever. What do you mean by that? Well, I'm just going, there was an eyewitness who said that he had seen the driver in this park for a few hours before drinking and smoking marijuana. And it's 930 at night. Why is the park open? Why do people have access? Why isn't it closed? If the cars are coming in, there's a parking lot. Why is that accessible so late at night. Tiffany Fetter is with us giving us information from inside the family,
Starting point is 00:20:28 from inside the investigation. You know, Karen Stark, I just, I don't get it. It's like the people that go to bars and they drink and they drink and they drink and they drink and then go get in the car and start driving. Here's someone that, according to eyewitness reports, drank and drank and drank and did pot and then gets in the car and, quote, peels out. I don't get it. Think of the state that they're in, Nancy. I mean, this isn't somebody who can make wise moral decisions.
Starting point is 00:21:03 But, I mean, every time you take a drink, I mean you got to get home some way and there's your car. They know going into it Karen Stark that they're going to drive. They know that. They know they're going to drink and drive. That's the plan. Did you ever meet those people that you say, hey what did you do this
Starting point is 00:21:20 weekend? Oh I got drunk. Like that's what? Like you went to a play or a movie or a party? Or you had a cookout in the backyard? I got drunk like that's what like you went to a play or a movie or a party or you had a cookout in the backyard I got drunk like what is that an acceptable thing to do in our society right to say I got drunk but here's what's interesting is that you know that you're supposed to have either a designated driver or a hand over your keys. And I do believe that even where you're drinking, if they see somebody in that state, that they're not supposed to let you go. I'm not sure.
Starting point is 00:21:54 They do. They let you go. They let you go. And here's another irony to Dr. Manisha Pandey, Chief Forensic Pathologist at Forensic Pathologist LLC in Ohio. You can find Dr. Pandey at theforensicpathologist.com. Not necessarily true in this case, Dr. Pandey, but why is it that in so many cases, The innocent victims die, and the drunk driver is like a sandwich bag full of jello. They live. They walk away. Everything's fine.
Starting point is 00:22:35 They go about their business, and then there's this family that's just devastated forever. There's no coming back from that, Dr. Pandy, when your child is killed. There's no coming back from that. I agree. That's like the most devastating thing anyone has to undergo. I mean, it's really bad. However, like I've seen most of the time, the cases I've done in which the person who has hit the car is usually drunk and they have only survived. So there's always a trial or something going on and they have to undergo, you know, due process. One of the reasons it's said is that the people who are drunk, usually they're very loose. They're not like stiff or anything and they're just going with the flow of the vehicle and hitting.
Starting point is 00:23:26 So when they're hitting the other car, those guys have no chance because they're getting hit really fast. This particular person who's driving drunk and hitting is actually, it doesn't even know what they're doing. So they're not aware of their surroundings. So that's the reason they're making this poor choice of hitting another vehicle. And that is one of the reasons they do tend to survive. Dr. Pandy, I'm also wondering, it seems like this family did everything right. They had, it's just so alien to me because when we get in the car and we hear that ding, ding, ding, the first thing is who doesn't have on their seatbelts? By the way, it's always Lucy. Who doesn't have on a seatbelt?
Starting point is 00:24:08 This, that, the other thing. Everything's got to be safe. We check the side mirrors, the rear view mirror. Everything before we even pull out onto the road with the twins. This is just so alien to me. But my point is, Dr. Pandy, they had the child, little Elijah, Yeshua Elijah, in the back seat like they're supposed to. He was in a car seat like he's supposed to be. Why is he dead? They were doing everything right, Dr. Pandy. So the problem here is the speed at which they were hit. They were hit at a very high rate of speed.
Starting point is 00:24:47 So that when someone is hit to death, you can immediately have fatal injuries in terms of neck injuries, chest injuries. And those are pretty devastating every single time. Patricia, think about it. This guy had to veer across three lanes of traffic, and you heard Attorney Tiffany Federer say he peeled out, peeled out. I mean, the common interpretation of peeled out means floored it, put the pedal to the metal and scratched off. So there's a couple of things, Nancy, I would say to that. You know, we need to pass and enforce tougher laws, specifically the all offender ignition interlock law. I think
Starting point is 00:25:33 that's the best we have right now. Hold on. Hold on. What? You sound like you're a lawyer that knows all those Latin phrases we had to learn in law school i don't know what you just said it was so fast what it's an all offender ignition interlock hold on all offender i have to write everything down ignition interlock yeah nice okay what is that that is a small device about the size of a cell phone and those are installed in vehicles, and if a person is impaired, the vehicle, the technology can pick up if a person is impaired or not, and the vehicle will not start. MADD has been instrumental in helping to pass the all offender ignition airlock laws in 34 states in the District of Columbia. And that is the best
Starting point is 00:26:26 that we have right now. So we really need to get to a point where we are really passing and forcing tougher laws. And then the other thing I'd say is technology. We believe that technology holds the key to eliminating drunk driving. And on November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act, which included, this is the good news, a provision that will lead to drunk driving prevention technology becoming standard and all new colors. That is how we get to reducing these fatalities and these injuries and really getting to zero. It's going to take technology, advocacy, victim assistance, and it's going to take the general public because it takes everybody's involvement. Everybody needs to be involved. Get involved with MADD by volunteering or donating to
Starting point is 00:27:27 help raise awareness and shape behaviors around drunk and drunk driving. And while MADD has been instrumental in helping to reduce the drunk driving deaths by 50%, that number still is increasing. So we need the public to come on board with us, get involved by volunteering or donating and helping to raise awareness. And we can really get to zero if we all work together with this. Ignition interlock, which you said has been passed in multiple states and D.C., that it can detect when someone is DUI driving under the influence. And this is how the ignition interlock works. It's my understanding that the driver must blow into the device and that is how it determines whether the driver has been drinking. Is that right? That is correct. That is correct. That individual has to blow not just once, but multiple times when they're in that vehicle to make sure that they stay sober while they have
Starting point is 00:28:39 this device installed on their vehicle. That is the best technology that we have right now. We are working on ways to get this as a law here in California, because clearly, the statistics that I mentioned earlier at 30%, you know, of all crashes in California, we have to do something. Would that be on everybody's car or just someone that had been arrested or had an alcohol problem before? The ignition airlock would only be on individuals who have been arrested for DUI. Okay. The technology that I talked about that President Biden signed into law, that would be on all vehicles. Crime Stories with Nancy Grace.
Starting point is 00:29:40 You know, to Jen Smith, the chief investigative reporter for DailyMail.com, of course, there are ways that people, offenders would get around it, just like they get around urine tests by having someone else TT in a cup. I mean, there's a million ways to get around it. But generally speaking, so many criminals are, well, they're just stupid And they won't be able to think of a way around it when there are three sheets to the wind. So it's a wonderful proposition, a wonderful idea that so far multiple jurisdictions are enforcing, they are using it. I got a question for you, Jen Smith.
Starting point is 00:30:24 I heard Tiffany talking about this park where the defendant was seen drinking and using pot before the crash. And I never say accident because it's no accident, Jen. When someone drinks and drinks and drinks, one drink after the next, each one a willing event, then getting the keys, walking to the car, getting into the car, turning in the ignition, putting in reverse, and then drive. All of those are willful acts. No accident. What do we know regarding, or do we know, what the blood alcohol was on the alleged drunk driver? This is all going to come out as part of the
Starting point is 00:31:05 investigation right nancy so far there is very little that we actually know about this driver and what they were up to before they got behind the wheel of their honda accord and made this fatal decision to set off again it's all going to play out and that's going to be the basis of the criminal investigation so we don't know yet that's what i'm taking we do not know yet jen i'm looking at your article in daily mail it's a photo from kabc it's an aerial photo i'm not quite sure how they got it it's just above the tree line and it shows the white vehicle that the perp was driving. Correct me if I'm wrong, Jen Smith and Tiffany Fedder. And then the black vehicle, it's the cars are completely mangled and a lot of, it looks like fire people are hovered over a body covered with a sheet lying in the road. And I think that is the grandma. And it's
Starting point is 00:32:09 such an upsetting scene when you compare that to little Yeshua Elijah standing there in another photo being hugged on by his grandma. Tiffany Fetter, any idea what the perp blood alcohol content was? I believe in California legal limit is 0.08. That's correct. I don't know what it is. I just wanted to include though, I'm so baffled by these statistics and the 30% alcohol-related accidents in California. Why aren't we having these interlock devices installed for every vehicle in California, even though the cost is very high? When do we value human life more? Than the unfettered right to travel by a known drunk driver.
Starting point is 00:33:01 Guys, we're looking into more of what happened that night. Why was grandma out at nine o'clock with the little boy to start with? Take a listen to Annie Rose Ramos. We are now hearing from the family for the first time sharing about those two victims, their two loved ones who lost their life in that crash. They're also telling us more details about what happened. We understand that the family was on their way to dinner on that tragic night. That is when a car driving in the wrong direction came out of nowhere and hit them head on. So the family was out having a celebration dinner because grandma was in from out of the country to visit. Grandma and Yeshua Elijah in the back seat, no question, talking and laughing. She's probably hearing about his
Starting point is 00:33:56 graduation from pre-K, catching up on everything that she had missed. And then then this going out to dinner and more take a listen to ktla the attorney representing this family says she believes that the driver who hit them was under the influence at this time we checked in with the police who say this is all under investigation the only thing they're telling us is that the driver was a man in his 30s, but they say no arrests have been made in connection with this case at this time. It's by far not the first time a drunk driver has veered into oncoming traffic and killed. I don't know if the name Diane Shuler rings a bell, but I will never forget it. Take a listen to our friends at Today.
Starting point is 00:34:47 Brian Shuler was only five when his mother, sister, and cousins were all killed in a violent crash. Brian was the lone survivor. He came home from rehab, and I started spending my days with him. The stories never changed. Never, ever changed. Mommy's head hurt. She couldn't say. Mommy was Diane Shuler.
Starting point is 00:35:08 She drove the family minivan the wrong way on New York's Taconic Parkway, slamming into an SUV, killing all three inside the SUV, headed to their own family dinner. Amazingly similar to the case in chief that we are analyzing today and more from today. Diane and her daughter were killed along with all her brother's kids, three young sisters. The kids not moving. Yeah, there's a whole bunch of kids. Honestly, the car smashed. Just moments before the accident, one of the kids called home, worried. They're saying Aunt Diane can't see. Aunt Diane can't, something's wrong with Aunt Diane.
Starting point is 00:35:57 Toxicology reports show Diane Shuler was high on drugs and drunk behind the wheel, more than double the legal limit. Mommy's head hurt, yeah, because she was drunk and high. As a matter of fact, she had the equivalent of 10 drinks elevating her blood alcohol to two and a half times the legal limit investigators recovered a broken 1.75 liter bottle of vodka okay to Tiffany Federer joining us not only a family friend of Yeshua Elijah's family, but very well-known lawyer. The reality here is with the 1.75 liter bottle of vodka found on that scene, we have enough extrinsic evidence to prove Shuler was drunk driving. In this case, we have an eyewitness
Starting point is 00:36:47 stating they observed the driver drinking and drinking and drinking over a period of time at this park and smoking pot. So even if a blood alcohol was not taken, which I believe that it was, but we don't know that yet, it can still be proved that he was a drunk driver from extrinsic evidence without the blood alcohol. Would you agree or disagree? I agree, absolutely. And I think that he's in the hospital. There's no way there's not a blood alcohol reading already. No way there's not a BAC.
Starting point is 00:37:24 To Dr. Manisha Pandey. Dr. Pandey, again, thank you for being with us. Chief Forensic Pathologist at Forensic Pathologists in Ohio. Dr. Pandey, you have performed literally hundreds and hundreds of autopsies. How many autopsies would you say you performed as a result of drunk driving? Oh, goodness. I performed like at least a thousand. I just wonder. I wonder, Tiffany.
Starting point is 00:37:53 You were hearing Patricia Riera talking about possible solutions to drunk driving deaths. They're homicides. They're not just deaths. They're homicide. You might as well take a gun and point it at this five-year-old little boy and pull the trigger. When you hear about all the possible solutions, do you ever wonder as you think about Yeshua, Elijah, why they are not being implemented? It's devastating. In California with 30% of these accidents happening because of drunk drivers, why aren't we having these devices installed in all vehicles? Why is this continuing to happen? It's horrific. And they did. They did everything right. He was in his car seat. He had a seatbelt.
Starting point is 00:38:46 The impact was so strong that his heart was irreparably damaged. Guys, they should be getting him ready for first grade. Little Yeshua Elijah just graduated pre-K. But instead, this is what's happening. Take a listen to our cut nine from ktla the family now releasing photo of the two of them on a gofundme page where you see the 74 year old grandmother named aura hora de la cruz calderon de tobar with her arm around five-year-old yeshua codorva tobar of los angeles a family friend creating this fundraiser page to help with not one,
Starting point is 00:39:25 but the two funerals they are now facing planning. Two funerals to be planned. You know, this whole time we've been talking, I have twins and they're friends with Yeshua. And last time he was here, they were playing on the trampoline. And I've been watching this trampoline the whole time. It's not real. It's so sad. I keep going over there and comforting them and just trying to help them raise money because it's two funerals and the family has limited funds. And I just keep posting and posting and posting
Starting point is 00:39:57 and any which way to spread the word. If you have information about this crash, this homicide, please call 818-374-9500. Repeat, 818-374-9500. I'd also like to extend my ads for free victim services. We have free victim services.
Starting point is 00:40:21 We'd love to help this family. One of the services that we provide is exactly what you guys are talking about. We actually can help them with referrals for services, emotional support. There's a lot that we can offer at no cost to them. We have a victim service helpline, and that number is 1-877-MAD-HELP. Goodbye friend. This is an iHeart Podcast.

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