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LA County DA Gascón Files Three Felony DUI-Related Charges Against Driver Who Allegedly Killed Man In Wheelchair Pushing Shopping Cart With His Possessions Across Stearns St. @ Radnor Ave.

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(June 24, 2021, 7:05 p.m.) -- L.A. County District Attorney George Gascón's office has filed three felony charges against the driver of a vehicle that allegedly struck and killed a homeless man, Mitchell Morales, who was in a wheelchair pushing his belongings in a shopping cart across Stearns St. at Radnor Ave.

The DA's office charged Joseph Maez, 26, of Long Beach (case NA117402) with one felony count each of gross vehicular manslaughter while intoxicated, driving under the influence of alcohol causing injury, and driving with a .08 percent blood-alcohol content causing injury.

Defendant Maez is scheduled for July 2 arraignment in Department 1 of the Long Beach courthouse (L.A. County Superior Court.)

"Driving under the influence is a potentially deadly decision with severe consequences," District Attorney Gascón said in a release..

On June 17, LBPD provided additional details on what it says occurred on June 12. LBPD Public Information Officer Richard Mejia said:

  • The collision occurred on the main road of Stearns Street, not the small residential street.

  • The collision happened on the Number One lane on westbound Stearns Street.

  • The pedestrian was traveling from the median in between the main and residential Stearns Street, heading southbound to the curb on Radnor Avenue.

The deceased was crossing Stearns St. at what LBPD describes as an unmarked crosswalk (not "J-walking") while pushing a shopping cart full of his belongings.

The northern side of Stearns St. at Radnor Ave. has an access lane and a thin street median before reaching the main lanes of Stearns St.


Radnor Ave. looking south, showing access lane and thin median before reaching main lanes of Stearns St.

The main lanes of Stearns St. are fairly wide at that location. Below is a photo of the main lanes of Stearns St. (in foreground) viewed from the south side looking northward..


Radnor Ave. viewed from south side of Stearns St. (looking north) showing width of main lanes of Stearns St.

[Scroll down for further.]










LBREPORT.com notes that CA Vehicle Code section 21950 states:

(a) The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this chapter.

(b) This section does not relieve a pedestrian from the duty of using due care for his or her safety. No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close as to constitute an immediate hazard. No pedestrian may unnecessarily stop or delay traffic while in a marked or unmarked crosswalk.

(c) The driver of a vehicle approaching a pedestrian within any marked or unmarked crosswalk shall exercise all due care and shall reduce the speed of the vehicle or take any other action relating to the operation of the vehicle as necessary to safeguard the safety of the pedestrian.

(d) Subdivision (b) does not relieve a driver of a vehicle from the duty of exercising due care for the safety of any pedestrian within any marked crosswalk or within any unmarked crosswalk at an intersection.

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CA Vehicle code 21954 states:

(a) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway so near as to constitute an immediate hazard.

(b) The provisions of this section shall not relieve the driver of a vehicle from the duty to exercise due care for the safety of any pedestrian upon a roadway."

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CA Vehicle code section 275 defines "Crosswalk" as either:

(a) That portion of a roadway included within the prolongation or connection of the boundary lines of sidewalks at intersections where the intersecting roadways meet at approximately right angles... CA Vehicle code section 365 defines an "intersection" as the area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

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CVC section 365 defines an "intersection" as:

"[T]he area embraced within the prolongation of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways, of two highways which join one another at approximately right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.


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