Suspect could be released despite repeated extreme DUI, Kerman father killed

FRESNO, Calif. (KFSN) -- The 22-year-old woman charged with driving drunk and killing a Kerman father pleaded not guilty Tuesday and now there's a battle brewing over whether she should get out of jail.

The deadly crash led to the woman's second arrest in two months involving extreme drunk driving.

And yet, she could get out of jail this month without even posting bail.

Jeff Nazaroff didn't have a chance.

The 59-year-old had the right-of-way and his dump truck was about 500 feet away from its home base when a Jeep ran a stop sign, knocked him into a tree and ended his life.

RELATED: Kerman father killed in family's second DUI tragedy

CHP officers arrested Zdeineb Juarez Calderon after the crash Thursday.

"Ms. Juarez Calderon will enter a plea of not guilty to all charges and denial to any and all enhancements," said defense attorney Melissa Baloian.

Calderon wore a green jail jumpsuit Tuesday as she made her first court appearance.

The case against her combines allegations from Thursday's deadly crash and another drunk driving incident in February.

She hit something both times and had a BAC measured at .30 in February and .25 last week - at least three times the legal limit for drivers in both cases.

She doesn't have a driver's license and after the first DUI, the CHP revoked her privilege of getting one.

"It surprises me that she didn't have a license at all and she's in the car and then driving a second time under the influence without a license," said legal analyst Tony Capozzi. "That's aggravating circumstances. That's egregious conduct."

And yet, she could get out of jail without posting any bond -- on her own recognizance, or OR.

"There is a public safety assessment that was prepared by probation and they are recommending OR," said Judge Jonathan Skiles.

Capozzi says he doesn't expect a judge to release Calderon without posting a bond.

But the California Supreme Court has ruled everybody is entitled to bail unless they're a danger to the public.

"In this particular case, with a .30 just months ago and now a .25 and she killed someone, it's pretty clear she's a danger to the public," Capozzi said.

At the next hearing in two weeks, prosecutors will make the case for keeping Calderon in jail and even raising her bail above its current $188,000.