Drunk Driver Blames Dead Victim For His Orange County Murder Conviction

Angel Herrera Leal OCW.jpg
Leal: Victim killed herself
Angel Herrera Leal of Los Angeles suffered two prior drunk driving convictions before one night in December 2008 when he (and a mostly consumed Tequila bottle) entered his pickup truck and drove south on Interstate 5 to Orange County.

Once he got to Santa Ana, a heavily intoxicated Leal, who didn't possess a valid driver's license, slammed into another car, killing one woman and seriously injuring another.

California Highway Patrol officers arrested the 28-year-old Leal, the Orange County District Attorney's office charged him with second degree murder, a 2010 jury convicted him and Superior Court Judge James Edward Rogan sentenced him to a prison term of 15 years to life.

Believing his conviction was unfair, Leal appealed. He argued his damning blood-alcohol tests weren't valid, his post-crash statements to CHP cops shouldn't have been admitted to a jury and, get a load of this, his 29-year-old victim, Rebecca Moon, was responsible for her gruesome death because she wasn't wearing a seat belt at the time of the collision.

This week, a three-member panel of a California Court of Appeal based in Santa Ana considered and rejected the arguments in a 12-page decision written by Justice Raymond Ikola.

Leal's cause probably wasn't helped by an alarming fact.

He caused the fatal crash by driving northbound in the southbound I-5 highway lanes at 4:45 a.m. near Santa Ana's 17th Street exit.

--R. Scott Moxley / OC Weekly

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