A Superior Court judge has determined there is enough evidence to charge a man with two counts of murder for allegedly killing two women in a DUI traffic collision in March after traveling up to speeds of 104 mph on Donovan Road and Miller Street. 

Javier Artemio Cortes, 28, is accused of slamming his black Chrysler sedan into a white Jeep Cherokee carrying four passengers on March 16, killing Atascadero residents Madison Coleman, 17, and Monica Gonzalez, 20, after leaving a house party earlier in the evening.

Cortes was subsequently charged with two counts of murder and one count of driving with a blood alcohol content of greater than 0.8% causing injury. The last charge carries three enhancements, including a great bodily injury, excessive speeding on a freeway and having a blood alcohol content of greater than 0.15%.

If convicted, Cortes faces from 15 years to life in prison and a fine of up to $10,000. 

During a preliminary hearing Friday before Judge John McGregor, several local police officers testified about the crash, which occurred just after 3 a.m. 

Prior to the crash, Cortes was at a house party in the 2300 block of Juleston Drive, where he allegedly consumed three to four bottles of beer and a tequila Jell-O shot before leaving around 2 a.m., according to Sofia Marques, traffic control officer with the SMPD. 

An hour later, Cortes was involved in the crash, which was captured on surveillance videos from Rancho Bowl and G & S Carpet Co., both located on Donovan Road. 

The force of the impact created a brief flash of light and ejected Gonzales, even though she was wearing a seat belt, according to Santa Maria Police Officer David Brewer. She was pronounced dead at the scene.

Coleman was trapped in the driver's seat and was extricated by firefighters. She was later pronounced dead. 

Another passenger in the Jeep suffered trauma to the pelvic region, a broken arm and other injuries, and was flown to Santa Barbara Cottage Hospital for surgery. 

Information extracted from the Chrysler's event data recorder showed Cortes was traveling 104 mph eastbound on Donovan Road five seconds before impact, according to California Highway Patrol Officer Robert Grindy.

The data recorder clocked Cortes' speed at 93 mph in the split seconds before impact, he added. 

Santa Maria Police Officer Matthew Downs was the first to arrive on scene and said it looked like the Jeep's back end had "exploded off." 

The impact crumpled the front end of Cortes' Chrysler, which came to rest approximately 200 feet north of the Jeep on Miller Street.

Marques said the impact also tore off a tire from one of the vehicles and propelled it into the air, landing on Donovan Road halfway between Miller Street and College Drive. 

"It was chaos," Marques said. "There was debris everywhere." 

Sign up to receive headlines in your inbox!

Breaking News | Local Sports | Daily Headlines | Local Obituaries | Weather | Local Offers

Both Coleman and Gonzalez died from blunt force trauma with poly substance abuse named as a contributing factor in their deaths, according to Wagner. Toxicology results from Coleman and Gonzalez revealed marijuana and methamphetamine in their systems, he said.

A voluntary blood draw from Cortes allegedly revealed that he had a 0.17% blood-alcohol content, said Santa Barbara County Deputy District Attorney Stephen Wagner.

Downs testified Friday that Cortes was slurring his speech and had an odor of alcohol when he interviewed him on the side of the road just after the collision.

During the preliminary hearing, Wagner argued Cortes was aware of the risks of drinking and driving, thus should be charged with murder under an implied malice theory. 

Wagner referred to two past events he claimed prove Cortes knew of the risks of driving while intoxicated.

The first was that Max Mendoza, the owner of the home where Cortes was attending a party that night in March, offered to let his guests stay the night if they had been drinking. Cortes did not take up Mendoza's offer.

Additionally, in 2018, Cortes was called to the police station to take custody of his cousin, who was involved in an alleged DUI incident. 

"(Cortes) signed as a responsible party and was front and center during the DUI investigation," Wagner said. "And that is indelible in the sense that it places direct knowledge inside the head of Mr. Cortes." 

Cortes' attorney Paul Greco said that his client should not be charged with murder but gross vehicular manslaughter. 

He disagreed that Cortes taking custody of his cousin after the alleged DUI incident in 2018 proved his client knew the dangers of driving while intoxicated. 

"He does not have a DUI," Greco said. "He does not have subjective knowledge." 

Greco also argued that his client's slurred speech shortly after being questioned by Downs was indicative of a possible concussion. 

During his cross-examination, Greco questioned Brewer about the possible impact of drugs found in Coleman's system, asking whether she could have seen the Chrysler advancing toward her Jeep from the intersection as she turned left. 

"There's a difference between use and impairment," said Brewer, who added that Coleman was following all traffic laws. 

Cortes is scheduled to reappear at 8:30 a.m. on Jan. 9 in Department 6 of Superior Court in Santa Maria for a continued arraignment on information. 

0
0
0
0
0