Charges against a Gilroy man are expected to be upgraded on October 28 to include second degree murder. Police claim the 44-year-old man was involved in an alcohol related car crash that resulted in the death of a 4-year-old.

California DUI attorneys are aware that prosecutors in the state sometimes upgrade alcohol or drug related vehicular manslaughter charges based upon implied malice. In an implied malice case, the prosecutor seeks to prove that the accused was aware that an act is dangerous and commits the act anyway. The practice is known in California as a "Watson murder," based upon prior case law.

The Santa Clara County District Attorney's office has indicated that they will upgrade the charges this week against the Gilroy man. The accused rejected a plea bargain last week related to the current gross vehicular manslaughter and DUI charges.

Police claim that on July 11, 2010, the accused man was traveling on Highway 101 and crashed his pickup truck into a Chevrolet that was parked on the shoulder. A four-year-old boy was sleeping in a child restraint seat in the Chevrolet. A toolbox in the pickup truck allegedly was thrown into the air in the accident, and struck the four-year-old in the head. The boy died from his head injury.

Police say the Gilroy man had methamphetamine in his system at the time of the accident. Law enforcement claims his blood alcohol level was roughly twice the legal limit.

The rejected plea agreement reportedly would have sent the man to prison for roughly 30-years. He is currently being held on $500,000 bail.

Source: San Jose Mercury News, "Gilroy man will now face murder charge in fatal San Jose DUI crash," Lisa Fernandez," 20 Oct 2010