Judge clears murder charge against man accused of deadly drunken crash in Friant

FRESNO, Calif. (KFSN) -- A years-old warning came true for an accused killer in court on Wednesday as a judge told Ryan Trevino that his alleged deadly drunken drive can be charged as murder.

"While this incident has been described many times by witnesses as an accident, it appears to be anything but," Fresno County Superior Court Judge Jonathan Conklin said.

Prosecutors say Trevino slammed head-on into Mike Tarter, killing him near Friant last January.

Attorneys on both sides agreed that Trevino's blood alcohol level was nearly twice the legal limit and that a blood test revealed Trevino had THC in his system, the psychoactive compound in marijuana.

"He was swerving in and out, trying to pass me," a witness to the crash said.

He testified that Trevino passed him on the shoulder at the intersection in front of Table Mountain Casino.

The crash happened just moments later.

"I believe he was going way too fast, went onto the oncoming lane and just rammed head-on with the white Toyota," the witness said.

Maria Sanchez Benitez saw the crash from the other direction. She provided a key detail, seemingly suggesting Trevino tried to flee.

"I did notice the blue truck - You know, when you turn on the car? It wouldn't turn," Benitez said.

Defense attorney David Jones argued the murder charge should not stick.

"Murder is a specific intent crime. You intend to kill somebody. There is that malice," Jones said. "I'm saying that driving under the influence of alcohol, not that I condone it in any way, does not rise to that level."

Prosecutors say Trevino knew what he was doing.

He had been warned twice about the dangers of driving drunk and told that if he did it again and somebody died, he could be charged with murder.

"Was the advisement that came years ago, was he aware of it then?" Action News Legal Analyst Tony Capozzi said. "Was he in the right mind to make that decision to drive under the influence? That would be the possible defense now."

Trevino will have at least one more opportunity to change his plea next month before a judge sets a trial date.

For news updates, follow Gabe Ferris on Facebook, X and Instagram.