A mistrial was declared in the DUI murder trial of Gustavo Vega. Vega is being prosecuted in the death of Cara Lee. It is alleged Vega was under the influence of alcohol, with a blood alcohol level of over .17 percent, when he ran a red light in February 2010 and struck a vehicle in which Lee was a passenger. Because of a previous drunk driving conviction, Vega is being charged with murder. It is alleged that due to his prior conviction, he knew driving under the influence was dangerous.
In addition to the murder charge, Vega is also charged with hit and run resulting in death as well as misdemeanor hit and run. Vega fled the scene after the accident but was found nearby.
The defense contends, on the morning of the alleged incident, Vega was being chased by another driver because of an earlier fender-bender. As a result of the other driver's aggressive attitude, Vega was afraid to stop. The subpoenaed witnesses who refused to show up to court, thereby causing the mistrial, were the driver and the passenger of the vehicle chasing Vega.
Orange County Superior Court Judge Richard King scheduled a hearing to determine whether or not a warrant should be issued for the absent witnesses.
In a sequel to this article, one of the absent witnesses appeared in front of Superior Court Judge Richard King on Friday afternoon. The witness stated his failure to appear was a misunderstanding. Judge King informed the witness the mistrial cost the people of California nearly $30,000 and, to insure the witness's further appearance, the judge ordered the witness held in lieu of $15000 bail. The witness remained in custody until bail was posted the following day. The witness was ordered to reappear in court on the following Monday.
As can be seen from this incident, failure to respond to a subpoena is not taken lightly by the Court. It is a citizen's duty to take seriously a subpoena, especially in a case such as this.
