Jurors could get Orestimba Creek drowning case next week

Jurors could begin deliberating a wrongful death trial late next week, a judge said Friday.

Survivors of Hector Alvarez say Stanislaus County should have protected motorists with barricades when Orestimba Creek flooded Eastin Road near Newman the night of New Year’s Eve 2005. He drowned after a car driven by his daughter was swept into the creek.

The county contends that Alvarez’s 0.26 percent blood-alcohol level contributed to his demise.

The jury was given the day off Friday when a juror called in with a medical excuse.

The trial started four weeks ago with 12 jurors and three alternates, but only one alternate remains and Judge Roger Beauchesne chose not to continue without a buffer.

Testimony is expected to resume at 9:30 a.m. Tuesday in Department 24 at the City Tower building, 801 10th St., Modesto.

This story was originally published March 25, 2011 at 3:55 PM with the headline "Jurors could get Orestimba Creek drowning case next week."