Suspect in boating crash charged with murder after allegedly failing to help victims
A Salida man charged with murder in connection with a fatal boating accident at Modesto Reservoir last month drove his boat in circles rather than help the two teenage girls he hit, court documents say.
Vanessa Zamora, 14, was face down in the water for three to five minutes until bystanders pulled her out, according to an affidavit in support of an arrest warrant for 43-year-old Juan Herrera. Witnesses told authorities that during that time Herrera was “driving his boat around in circles.”
The pathologist who conducted Zamora’s autopsy believes oxygen deprivation was one of the primary causes of her death on June 29, a week after the collision. She also suffered major head injuries.
Herrera originally was arrested for operating a vessel while under the influence, causing bodily injury. He bailed out June 23 but was rearrested on the additional charge of murder on Friday.
Zamora’s 15-year-old cousin also suffered major injuries in the crash.
The Stanislaus County Sheriff’s Department deputy who conducted field sobriety tests on Herrera said he had red, watery eyes, slurred his speech and smelled of alcohol. Herrera told the deputy he’d had two beers, according to the affidavit.
Over an hour after the collision, Herrera had a blood alcohol content of .071 percent, the document said.
“With my training and experience, I know the average person burns off approximately 01 - .012% per hour leading me to believe (Herrera) had blood alcohol content greater than the legal limit of .08% ... at the time of the collision,” wrote the affidavit’s author, Deputy Shawn Baucom.
In addition to being intoxicated, Baucom said, Herrera broke several other federal inland navigation rules, including failing to render aid, unsafe speed and improper lookout. Herrera also had prior convictions for driving under the influence.
Herrera — who was originally identified by authorities by one of his aliases, Juan Moreno — appeared in court for the first time Monday. His arraignment was continued to July 15 to give him time to hire an attorney.
He is being held in the Stanislaus County Jail without bail.
This story was originally published July 8, 2019 at 3:45 PM.