A Santa Maria man accused of critically injuring a pregnant woman while driving drunk last Sunday in Santa Maria is scheduled to be arraigned Tuesday.

Brandon Parker, 21, was set to be formally charged Friday in Santa Barbara County Superior Court in Santa Maria, but the hearing was rescheduled for a second time.

Adrianne Dazo, 20, of Santa Maria, the woman who was injured in the crash, was in serious condition Friday at Marian Medical Center, said hospital spokeswoman Amy Silva. Dazo's 22-week-old fetus died as a result of the collision.

Parker has been charged by the Santa Barbara County District Attorney's Office with a felony count of driving under the influence, causing injury; a felony count of driving with a blood alcohol level of .08 or greater, causing injury; and a misdemeanor count of driving with a suspended license.

Special allegations that Parker caused Dazo great bodily injury were attached to the counts of driving under the influence causing injury, said Gene Martinez, chief assistant district attorney for the North County.

Parker was driving a 2006 Ford Fusion eastbound on Donovan Road around 1:45 a.m. Sunday and failed to stop for a red traffic signal at Carlotti Drive, police alleged. He then broadsided a 2005 Ford Focus being driven by Dazo northbound through the intersection, according to police.

Dazo and Parker were the only occupants of their vehicles. Parker was treated at Marian Medical Center and released into police custody.

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Parker was initially arrested on suspicion of vehicular manslaughter and felony driving under the influence of alcohol. He was not charged by the district attorney's office with vehicular manslaughter.

“There is actually no crime for the death of a fetus in a vehicular manslaughter case,” Martinez said.

He said a murder charge can be filed for the death of a fetus, and among the circumstances for that to happen, the fetus must be deemed far enough developed to survive outside the womb.

State law does not list a specific age that a fetus must be in order to be ruled viable for the purposes of prosecution, Martinez said.

In the California Penal Code, murder is defined as the unlawful killing of a human being, or fetus, with malice aforethought.

Cmdr. Kendall Greene, the spokesman for the Santa Maria Police Department, could not be reached for comment Friday afternoon.

Samantha Yale can be reached at 739-2159 or syale@santamariatimes.com.

January 5, 2008