FRESNO, Calif. (KFSN) -- Less than six months after a Fresno woman allegedly drove drunk, crashed, and injured someone... police say she drove drunk again, crashed, and killed her passenger.
Angie Thao is a killer, according to the charges she's facing in court.
But she's not a murderer.
The 24-year-old postponed entering a plea Friday on charges of gross vehicular manslaughter while driving drunk.
In this same courtroom in March, Thao pleaded not guilty to a felony charge of DUI causing injury.
"She injured someone in the first crash and now it's gotten worse and she's killed someone," said legal analyst Tony Capozzi. "The question is: 'Can she be prosecuted for murder?'"
Usually when prosecutors charge a drunk driver with murder, it's because the person has a prior DUI conviction and a judge read them what's called a Watson advisement. It basically says drunk driving is dangerous and if you do it again and kill someone, you can be charged with murder.
Thao hasn't been convicted for her alleged DUI causing injury in January so she hasn't gotten the warning in court.
Prosecutors could also file a murder charge if Thao got the warning somewhere else, like at DUI school.
"That's a possibility here," said Capozzi. "I've never seen that happen, but it's something that might be explored by the DA in this particular case."
Police reports show Thao had a blood alcohol content three times the legal limit for drivers at .24% after her first collision in January.
She bailed out of jail and had her second collision early Saturday morning - this time with a .12 BAC, according to an arrest warrant.
Police say she ran a stop sign at Marks and Jensen and got T-boned by a car with the right-of-way, killing her passenger.
So prosecutors argued to keep her in jail this time.
"It's the People's position that there are no terms that this Court could impose that would protect the public sufficiently in this matter as the Court already imposed the terms in her prior case where she injured another individual," said prosecutor Steven Ueltzen.
The judge agreed and revoked bond from the first case.
"That'll protect society here," Capozzi said. "My goodness, going from injuring someone to killing someone in a six-month period, she's a danger."
Thao is due back in court next week to enter a plea in her manslaughter case.