Crime

Delhi man charged with fleeing from crash that killed his passenger

Merced Sun-Star file photo.
Merced Sun-Star file photo. tmiller@mercedsunstar.com

A Delhi man was charged Tuesday with crimes related to a crash earlier this month from which he allegedly ran away, leaving behind his dying passenger.

Cora Elliott, 43, was the passenger in a Nissan Sentra driven by 40-year-old Randy Avila when he ran a stop sign at Bloss Avenue and Palm Street around 8:40 a.m. on Oct. 8, according to the California Highway Patrol.

The Nissan was broadsided on the passenger side by a Chevrolet Sonic driven by 66-year-old Rosa Olivera, of Hilmar.

Witnesses reported seeing Avila flee the scene, running into a nearby orchard.

Elliot was taken to Emanuel Medical Center in Turlock where she was pronounced dead.

Olivera was taken by helicopter to Memorial Medical Center in Modesto with moderate injuries.

Avila was arrested Friday and charged Tuesday with felony hit and run causing injury or death, as well as vehicular manslaughter without gross negligence and driving without a license, both misdemeanors.

CHP Officer Eric Zuniga said Avila and Elliott had been arguing in the vehicle prior to the crash. He said he didn’t know what the argument was about or to what extent.

About 8 hours before the crash, shortly after midnight, Elliott called police regarding a dispute involving Avila, whom she identified as her husband, said Merced County Sheriff’s Deputy Daryl Allen.

When deputies arrived at Elliott’s home, Avila was gone and Elliott told them the altercation was verbal. Allen said deputies responded to a similar call there there on Oct. 1.

Zuniga did not say if investigators know if the altercation contributed to the crash; he did not return calls seeking additional information after charges were filed.

Avila appeared for his arraignment Tuesday over a Zoom video call from the Merced County Jail.

He was assigned a public defender, who expressed his condolences to Avila for his loss, then asked the judge to grant Avila $0 bail, which was enacted throughout the state for many misdemeanor crimes and some felonies to ease the jail population during the coronavirus pandemic.

The public defender said Avila “lost a loved one in this case is .... (and is) “carrying the grief.”

The deputy district attorney assigned to the case objected, saying the hit and run charge is not one of the felonies eligible for $0 bail.

The judge set Avila’s bail at $50,000 and scheduled his next hearing for Tuesday.

Elliot leaves behind four children, according to her obituary.

This story was originally published October 28, 2020 at 5:00 AM.

Erin Tracy
The Modesto Bee
Erin Tracy covers criminal justice and breaking news. She began working at the Modesto Bee in 2010 and previously worked at papers in Woodland and Eureka. She is a graduate of Humboldt State University.
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