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Crime

Anza man sentenced to 12 years for DUI wreck that killed two near Desert Center

A 21-year-old felon was sentenced today to 12 years in state prison for driving drunk and causing a head-on collision that killed two people north of Desert Center.

Austin Bly Ellington of Anza was 18 years old at the time of the June 29, 2018, crash on state Route 62, east of state Route 177, that killed one of his passengers and the driver of the other vehicle.

READ THE ORIGINAL 2018 STORY: DUI manslaughter charges filed against 19-year-old for double fatal crash

A jury deliberated less than a day on Nov. 6 before finding Ellington guilty of two counts of vehicular manslaughter while intoxicated without gross negligence -- he had been charged with DUI gross vehicular manslaughter -- and one count of driving under the influence of alcohol causing bodily injury, along with several sentence-enhancing allegations.

The jury deadlocked 8-4 in favor of convicting Ellington of one count of driving with a blood-alcohol content exceeding .08% causing bodily injury, forcing a mistrial on that charge.

Ellington, who was sentenced by Riverside County Superior Court Judge James Hawkins, could have been sentenced to a maximum of 17 years behind bars.

According to prosecutors, Ellington and several others departed from Anza on June 29, 2018, headed in a multi-vehicle caravan toward Parker, Arizona, to celebrate the Fourth of July at Lake Havasu.

Prosecutors said the crash occurred several hours into the excursion, as Ellington was passing vehicles on the two-lane thoroughfare while driving above the speed limit.

According to California Highway Patrol Officer Jackie Quintero, Ellington's eastbound truck entered the westbound lane and slammed head-on into another pickup driven by 57-year-old Banning resident David Brian Chance, who died at the scene.

Mariah Garcia, 20, of Anza, was riding in Ellington's truck and also died at the scene, the officer said.

Ellington and another of his passengers were airlifted to Desert Regional Medical Center in Palm Springs for treatment of major injuries. Deputy District Attorney Karen Salas played for jurors a video posted to Snapchat by one of the occupants traveling in the defendant's truck the day of the crash, which the prosecutor said shows the defendant driving with an apparent beer bottle between his legs.

Defense attorney Eduardo Madrid disputed the prosecution's characterization of the defendant's final pass attempt, citing witness testimony that the defendant made a legal pass attempt that would have been successful had the other motorist not sped up in order to block Ellington from getting ahead.

Madrid also disputed the validity of the results of blood tests, citing procedural irregularities, and accused the CHP officers involved of botching the investigation.

Two blood samples taken 2 1/2 hours after the crash, one by the hospital and another by an external laboratory, showed Ellington's blood-alcohol content at .10% and .08%, respectfully, according to court papers.

Ellington was arrested July 17, 2018, at the hospital, more than two weeks after the crash.

Ellington is awaiting trial on a felony case from April 2018 that includes allegations that he discharged a firearm in a negligent manner.

Ellington has a prior felony conviction involving "moral turpitude''
that he committed when he was a minor, court papers show. Additional
information about that crime was not available.

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City News Service

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