Suspect in fatal DUI crash in Fresno County could face murder charge due to prior incidents

FRESNO COUNTY, Calif. (KFSN) -- Just days before a deadly DUI crash in Fresno County over the weekend, the man behind the wheel was ordered by a judge to stay away from alcohol and off the road.

That driver, Ryan Trevino, could now spend decades in prison.

For the fourth time, 35-year-old Trevino could be charged with driving under the influence, but this time, the charges could also include murder.

California Highway Patrol officers said Trevino was driving drunk in a blue Chevy Silverado west on Millerton Road near Marina Drive Saturday afternoon when he slammed head-on into a white Toyota Tundra.

Officers said that Tundra carried 78-year-old John Tarter and a passenger. Tarter died before he could be flown to a hospital.

His passenger and Trevino were both hospitalized with major injuries. Trevino underwent surgery Sunday night.

Even when he is discharged, he won't be headed home. This is the second time in a matter of months he faces DUI charges.

In October, he was booked in jail for driving under the influence.

He had appeared in court for that case just four days before the deadly crash.

On January 9th, he was ordered by a judge to stay off the roads and away from alcohol and then released on his own recognizance.

A request by prosecutors to make Trevino attend Alcoholics Anonymous was denied by the judge. He's due back in court on that case in March.

Twice before Trevino pleaded no contest to DUI charges in both 2007 and 2018, he's also been charged several times for driving without a license.

It's the past DUI charges that could lead the district attorney to charge him with murder for Tarter's death.

"The fact that it was so close in time when he's warned not to be driving a vehicle under any circumstances, and yet he does," said ABC30 Legal Expert Tony Capozzi. "That pretty much shows the clear wanton and conscious disregard for the law and for someone's life."

If convicted on a murder charge, Trevino could be sentenced to 25 years to life in prison. Capozzi said he would likely serve most of that sentence.

"In a serious crime like this, the most you're going to get off your sentence for good behavior is 15%, so maybe a year early, a year and a half earlier, that's about it," said Capozzi. "You're going to be doing a substantial amount of time incarcerated."

Capozzi said it is very unlikely Trevino would be released on bail again.

John Michael Tarter was known to loved ones as Mike.

His son, John Tarter, sent a statement to Action News about his father, writing:

"My father, John Michael Tarter, will be missed by many. Mike Tarter is an Air Force veteran and a retired teacher. He has provided value to many. This is a tragic loss of life that should not have happened, and we are confused why a person with Ryan Trevino's record could still be allowed to drive in California and steal a life. I wish we had more time. This is tragic, and things need to change."

His grandson, Troy Tarter, also released a statement:

"I loved my grandpa. I know he's in a better place, but I wish he was still here with us. If he was, we would have so much to talk about, but that isn't possible anymore. He made a positive impact in so many ways and was loved by many. It really is a tragedy that he's gone. Tell your family and friends you love them while you can because you never know when they will be taken from you. And I can't say this enough, but please do not drink and drive."

He leaves behind his wife, Aorakan Tarter, son, John James, grandson, Troy James, and brother, Tim Tarter.

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