Evan J. LancasterA 21-year-old Irvine resident suspected of killing a 61-year-old woman while driving under the influence on Monday, Sept. 27, received medical treatment for a fentanyl overdose hours prior to the fatal crash.
On Thursday, Oct. 14, Orange County District Attorney Todd Spitzer announced that his office charged the driver, Luis Marcial Diaz, with the murder of Kyu Chen, a resident of Irvine. Spitzer added that the suspect acted with negligence, and has a prior arrest for driving under the influence.
“This is a tragedy that should have never happened,” Spitzer said. “Just hours before Mrs. Chen was murdered, doctors managed to save the defendant from overdosing on drugs. Instead of taking that near-death experience to heart, he continued to engage in incredibly dangerous behavior and it cost Mrs. Chen her life. She was just driving to work and now she is dead. And the tragedy of it all, is she didn’t have to die. The Orange County District Attorney’s Office will do everything it can to ensure justice is done for Mrs. Chen and her loved ones – and to send a strong message to drivers that there are serious consequences for driving under the influence.”
Due to the ongoing investigation, specific details are now being withheld, including where Diaz was traveling, and where and when he received medical treatment before the crash, according to Kimberly Edds, Public Information Officer for the Orange County District Attorney’s office.
In a phone call with Irvine Weekly, Edds confirmed that after overdosing on fentanyl, the suspect was given medical treatment that included anti-overdose drugs and was discharged. She added that after he was discharged, Diaz consumed more fentanyl before driving and ultimately causing the crash that killed Chen.
“He was treated at the hospital for a fentanyl overdose and after he was released from the hospital he ingested additional drugs including fentanyl,” she said.
It is unclear how much time occurred between the time of Diaz’s discharge post-overdose and the time of the crash.
The crash occurred at 4:30 a.m. on Monday, Sept. 27. The Irvine Police Department reported investigating a “potentially deadly” crash on Sand Canyon and Irvine Center Dr.
Diaz has a history of drug arrests in Orange County.
In a previous incident, on July 30, 2019, the Huntington Beach Police Department charged Diaz with multiple infractions including, “driving under the influence of drugs, one misdemeanor count of possession of nitrous oxide, and one misdemeanor count of driving without a valid license.”
Edds explained that part of the District Attorney’s decision to bring murder charges to this case reflects Diaz’s history of arrests. After his 2019 arrest, Diaz signed the Watson advisement provision to obtain a driver’s license.
In California, the Watson advisement states that drivers can be charged with murder if someone is killed in a driving under the influence accident. Under California law, a murder charge requires the intention to commit evil, whereas a manslaughter charge is the unintentional killing of an individual.
Diaz could face 15 years to life in prison if convicted.
Diaz’s arraignment was scheduled for Oct. 14, but Edds said she expects delays.
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