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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34 comments
john
john

Here’sa recent story of a 19yr old man that ran over a bicyclist at 3:00 a.m. whileexiting the 405 Freeway on to Warner Ave. He then fled to his home and calledpolice 30 minutes later to report a body in traffic lanes. He killed somebodywithout being drunk, fled like a coward (consciousness of guilt), and gets aslap on the wrist.

 What do all of you smack talkers think aboutthis article. Let’s hear your outrage about his actions. How many times shouldhe be beat before you shoot him? I’m sure you’ll think of something to justifywhy his case is different, even though he didn’t stop to render first-aid, callfor help, or just wait for police. I don’t think you’re funny or serious withyour frivolous hate comments. You just want to see your rant in print.

“Published:Jan. 5, 2012 Updated: 12:19 p.m.

By LARRYWELBORN/ THE ORANGE COUNTY REGISTER"

A Huntington Beach man was sentenced to 180 days in jailThursday for striking and killing a bicyclist while driving and then fleeingthe scene. Adam Carl Garrett, 19, pleaded guilty to felony hit-and-run causingdeath and misdemeanor vehicular manslaughter without gross negligence.”

You have just been schooled….good day, gentlemen.

FishWithoutBicycle
FishWithoutBicycle

I remember a story about a woman who was critically injured when her car was struck by a drunk driver and needed a blood transfusion but refused because it was against her religion. She died. The guy then had the gall to argue he wasn't directly responsible for her death because she had chosen to forgo the transfusion! Excuse me? If he hadn't been driving drunk she wouldn't have been injured and in need of one in the first place! Rebecca Moon may have neglected to wear her seatbelt, but Angel Leal chose to drive drunk and caused the crash that killed her!

peter sparks
peter sparks

What I would like to know is, to whom is the blame for him consuming so much alcohol that he got in his truck and drove the wrong direction on the freeway in the first place. The bar tender, (no)his "partner"(no) ( don't know if he is a dick smoker yet, but he will be soon ), his drinking buddies(no), the stress of being an illegal(no), alcohol ads on tv(no), the bud light chicks(no), mickey mouse(no), obozo the clown(maybe),himself (yes). There are just so many reasons (excuses) that if you get down to it, its all of our falts, we should just let him free.  Yeah right! Right after we nail his balls to a stump and push him over backwards!! You know, to get him ready to be somebodies bitch. Condolences to the family he hurt........

PatDog
PatDog

He doesn't look or act like an American. They may want to check his papers. I'm just sayin'...

Arechigad1
Arechigad1

He needs to take responsability for his actions, Typical mexican male, always trying to get away with not being blamed for the dumb shit they do, hay hay hay, Trust me, im mexican, i know how irresponsible men can be, theyre not all the same, but sadly most believe it is their right to drink to their stoop.

Sgt Martin
Sgt Martin

Do you actally think that this waste of carbon based life material could come up with those objections pertaining to his case?  I say no.   It is more than likely  some 3rd rate Lawyer whose office probably has wheels on it.  To blame the victim is not only repulsive but egregious as  well.   

bigriggs
bigriggs

This piece of shit deserves something besides prison.

mpschwartz
mpschwartz

It’s been a pleasure reading this article. It’s hard to findgreat stories to read today so it’s nice to find good content to read.  Thank you!

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Justkillhimalready
Justkillhimalready

This fuck should be used to see how many times someone can be shot before they die.

mitch young
mitch young

Hmmm -- three Spanish names, no valid CDL. I'm guessing illegal immigrant.

20ftJesus
20ftJesus

He does bring up a good point:  wear your seatbelt.  It's not just a good idea; it's the law. 

bigriggs
bigriggs

I think the piece of shit that got 180 days deserves the same as the dumb piece of shit in the above story?. How did you school anybody?

Miguel Oxbent
Miguel Oxbent

What??? What's more American than filing a frivolous appeal???

OCtotheHeart
OCtotheHeart

Typical? I don't really agree with that at all. Well, at least the men I know don't hold true to your statement. And trust me, I'm Mexican, too ;)

R. Scott Moxley
R. Scott Moxley

It was him. His lawyer found no valid appeal claims.

mitch young
mitch young

we will get him bi- griggs.. how long have you been BI?

Bill T.
Bill T.

what, is this an ad disguised as a comment? I wouldn't click on that link even if I were shopping for bedding.

mitch young
mitch young

hi peter

thanks for stopping by last night. I never knew i could make it clap like that.. Talk to you later big guy :)

mitch young
mitch young

I would love to pound that tender mexican sausage before we shoot him up.. Give hime a real beating right bro?

thecat
thecat

Oh please... Wear your own seatbelt if you'd like but stay out of everyone else's buisiness.

bigriggs
bigriggs

Disregard the question mark at the end of the first sentence.

thecat
thecat

I would say I'm a Mexican... But I'm not Mexican, I'm an American who's heritage is of Mexican descent... And I agree with Arechgad.

Sgt Martin
Sgt Martin

Thank you,Sir.  Wow that makes me feel even less about the individual.  Again, Thanks for the update.

peter sparks
peter sparks

hey mitch

Tell it like I see it! gastavo and this other schmuck go way back!  LOL

Miguel Oxbent
Miguel Oxbent

"pound that tender mexican sausage"???Wierd. I usually pound my tender mexican sausage when my old lady's on the rag.

Bill T.
Bill T.

Excess injuries in your accident raises my insurance rates, increases the demand for public emergency services (less availability for others, and/or raises taxes), overtaxed hospital emergency resources become that much more scarce ... . Freedom will always be relative, your freedom to be an idiot is and will be restricted.  Get over it.

Bill T.
Bill T.

Hate it when I have an edit fail before posting,   he he.

OCtotheHeart
OCtotheHeart

ok, ok....I am also an American of Mexican descent then...I forget to do that, my apologies. So is Arechigad1 suggesting Mexican men from Mexico act like that then? Because that would clarify my response for everyone.

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