BajaNomad

San Diegan killed on toll road in Mexico; husband is arrested

Anonymous - 4-28-2004 at 12:50 AM

http://www.signonsandiego.com/news/mexico/tijuana/20040427-9...

By Sandra Dibble
April 27, 2004

TIJUANA ? A 61-year-old San Diego woman was killed when the car her husband was driving crashed Saturday on the toll road between Ensenada and Rosarito Beach. The husband is behind bars, facing charges of involuntary manslaughter, driving while intoxicated on a federal roadway and damaging federal property.

Roy Warfield, 60, is expected to remain at La Mesa State Penitentiary in Tijuana as he awaits a judge's decision this week on whether he should be held for trial.

The accident occurred south of Rosarito Beach near Puerto Nuevo at 6 p.m. Saturday as Roy and Donna Warfield were heading north in a 1992 Mercedes-Benz. According to a report filed by Mexico's Federal Highway Patrol, Roy Warfield lost control of the car, which repeatedly struck a metal railing. Donna Warfield died of multiple injuries.

A medical evaluation showed Warfield was intoxicated, according to the report. The report also states that Warfield was driving faster than the road conditions permit.

Baja California state prosecutors are charging Warfield with criminally negligent homicide, which does not allow bail. Federal prosecutors are charging him with driving intoxicated on a federal roadway and damaging the roadway.

A judge is expected to decide this week whether to uphold the charges. If so, Warfield will remain behind bars while the trial unfolds.

Fernando Benitez, a Tijuana defense attorney and professor of penal law, said the medical report that Warfield was driving under the influence "turned the charge into a serious one," which took away his possibility of posting bail.

The U.S. Consulate General in Tijuana said it could not comment on the case, because Warfield had not signed a privacy act waiver. Calls to the family's residence in Tierrasanta went unanswered. A family acquaintance said yesterday that Warfield had worked as an engineer.

David K - 4-28-2004 at 07:28 AM

As far as the damaging the roadway charge... Mexico's tourism department runs ads on a San Diego TV station saying "use the toll highways when in Mexico... you are automatically covered with liability insurance with your paid toll..." ???

Taco de Baja - 4-28-2004 at 07:36 AM

The insurance is probaby void if you break the law (like DWI).
As for the insurance on the toll road, you are covered for accidents as long as you save the receipts. My sister backed into someone at the toll station after using the restroom :no:, and had no out of pocket charges . :biggrin:

David K - 4-28-2004 at 08:29 AM

That makes sense! Thanks Brooks...

JESSE - 4-28-2004 at 11:08 AM

Quote:
Originally posted by David K
As far as the damaging the roadway charge... Mexico's tourism department runs ads on a San Diego TV station saying "use the toll highways when in Mexico... you are automatically covered with liability insurance with your paid toll..." ???


Voided if you are intoxicated.

Mexico to free man jailed after fatal crash

Anonymous - 5-4-2004 at 09:33 PM

http://www.signonsandiego.com/news/mexico/tijuana/20040501-9...

By Sandra Dibble
May 1, 2004

TIJUANA ? A San Diego man jailed in Mexico in connection with a car crash that killed his wife was expected to be released late yesterday after a Baja California judge dropped a charge of negligent homicide.

Roy Warfield, 60, a retired aerospace engineer, was arrested April 24 after he lost control of his car on a federal toll road south of Rosarito Beach. His wife, Donna Warfield, 61, died at the scene with multiple injuries, according to the Baja California Medical Examiner's Office.

Warfield was pardoned through a provision in the Baja California law that permits a judge to drop charges against drivers charged with homicidio culposo ? negligent homicide ? if the victim is a spouse, a child or another close relative.

Friends said the Tierrasanta couple had been extremely close, and loved to golf together or drive down to Baja California for lunch.

"You'd never see one without the other," said Dave Maynarich, a longtime friend. "He's devastated."

A medical certificate filed with the accident report stated that Warfield had been in "a partial state of intoxication," a finding that precluded him from posting bail, and Warfield was forced to remain behind bars until yesterday's ruling.

An official with La Mesa State Penitentiary confirmed that Warfield was scheduled for release from the prison late last night.

Besides the charge of negligent homicide, Warfield faced federal charges of driving while intoxicated on a federal highway and damaging federal property. He was allowed to post bail on the federal charges.

Warfield's Tijuana attorneys successfully challenged the sobriety test in the state court, arguing that it had been improperly administered.

Benigno Licea said his client was not inebriated at the time of the accident, but had swerved to avoid hitting a vehicle that had cut him off in the right lane. "He was able make a very conscious statement of everything that happened," Licea said. "His narration was very clear and very precise."

The accident occurred as the Warfields were driving north on the toll road after lunch. According to a report filed by the Federal Highway Patrol, Roy Warfield lost control of the vehicle, and it repeatedly struck a metal railing.

Dave - 5-5-2004 at 06:13 PM

Quote:
Originally posted by Anonymous


Warfield was pardoned through a provision in the Baja California law that permits a judge to drop charges against drivers charged with homicidio culposo ? negligent homicide ? if the victim is a spouse, a child or another close relative.



For those in an unhappy relationship, I see an opportunity here.:biggrin::biggrin:

Isn't this also the law in Texas?:lol:

Herb - 5-5-2004 at 11:45 PM

Why go to Baja to get away from her? Bring her to Baja to get rid of her!

:lol:

Wow

jrbaja - 5-6-2004 at 12:08 PM

you guys, you two are terrible....:lol::lol:

Pops - 5-6-2004 at 05:53 PM

Dave wrote:

For those in an unhappy relationship, I see an opportunity here.

Isn't this also the law in Texas?

.... I believe that you are refering to the "Needed Killin'" Law