The driver of a van that crashed Aug. 1, killing a 2-year-old girl and a 20-year-old woman and injuring three other passengers, has been charged by the Santa Barbara County District Attorney's Office with driving under the influence of alcohol and other charges.

The charges against 21-year-old Rogelio Vasquez of Oxnard, however, do not include vehicular manslaughter as the California Highway Patrol initially reported they would.

Senior Deputy District Attorney Mag Nicola said the decision was made to charge Vasquez with felony driving under the influence causing injury instead of vehicular manslaughter, as the driving under the influence charge, combined with special enhancements, carries a harsher sentence than vehicular manslaughter.

“It's a complicated sentencing structure,” he said.

The 1990 Ford Aerostar that Vasquez was driving drifted into the dirt median on Highway 101 just north of Clark Avenue about 11:30 p.m., spun clockwise and rolled twice, according to CHP.

Rogelio Vasquez, Cornelio Vasquez, 21, Maribel Vasquez, 2, and Ophelia Lorenzo, 20, were ejected from the vehicle. None of them were wearing seat belts.

Lorenzo and Maribel Vasquez died at Marian Medical Center moments after they arrived there, the CHP reported. Lorenzo was reportedly the driver's wife.

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The van's other two passengers, Rutilia Vasquez, 1, and Rosio Vasquez, 18, remained in the vehicle. Rutilia Vasquez suffered major injuries and Rosio Vasquez complained of head pain.

The Oxnard family was on their way to Salinas when the crash happened, according to the CHP.

The charges filed against Vasquez on Aug. 6 are driving under the influence of alcohol causing injury, driving under the influence of alcohol with a blood alcohol level of .08 or greater causing injury, which are both felonies, along with a misdemeanor count of being an unlicensed driver, and failure to provide evidence of financial responsibility for the vehicle involved in the crash, an infraction.

Vasquez is also charged with special allegations that he caused great bodily injury to Ophelia Lorenzo, Rutilia Vasquez and Maribel Vasquez.

“When you cause the death of a child under five, the punishment is more severe,” Nicola said.

Vasquez is due back in Superior Court for arraignment Tuesday.

Samantha Yale can be reached at

739-2159 or syale@santamariatimes.com.

August 18, 2007