Merced man will not be charged with murder in alleged DUI death

A Merced man arrested last month in a deadly alleged drunken-driving crash will not be charged with murder, the Merced County District Attorney’s Office has confirmed.

Juan Orejel, 21, was charged with gross vehicular manslaughter while intoxicated in connection with the Dec. 28 death of 21-year-old Jose Paniagua. Orejel also was charged with driving while his license was suspended for a prior DUI conviction in July, according to Merced Police Department reports obtained by the Sun-Star.

Steve Slocum, supervising deputy district attorney, said he could not comment on details of the case, but said the evidence did not support charging Orejel with murder.

Merced police investigators had asked prosecutors to consider charging Orejel with murder due to his high blood-alcohol content – which measured at more than twice the legal limit – and his prior DUI conviction.

Logan McKechnie, the attorney representing Orejel, declined to comment on the case. “This case is still under investigation,” McKechnie said.

Orejel has pleaded not guilty to all charges. He faces up to 10 years in prison, if convicted, authorities said.

According to police reports, Orejel and Paniagua were together at the R Bar on V Street and got into a fight with other patrons. They left the bar just before 12:30 a.m. in Orejel’s vehicle, a 2005 Honda Civic. A California Highway Patrol officer clocked the vehicle traveling south on V Street at about 88 mph, the report says.

The officer pursued the vehicle and briefly lost sight of it as it merged onto West Avenue. The officer “saw a bright flash appear on the horizon,” the report says.

Investigators believe the passenger door had not been closed properly and came open as the car made a turn while speeding. Paniagua, who police said was not wearing a seat belt, fell out of the car.

The vehicle continued a short distance then slammed into a utility pole, causing a bright flash of light. The car rolled at least four times and landed in a dirt field in the 300 block of West Avenue, the report says.

Orejel told police he believed he was being chased at the time of the crash, the report says. It’s unclear if anyone was actually chasing him.

Orejel remains in custody without bail at the Merced County jail. He is due back in court on Feb. 1.

This story was originally published January 8, 2016 at 5:31 PM with the headline "Merced man will not be charged with murder in alleged DUI death."