The heartbroken father of a 14-year-old girl who was killed by a suspected DUI driver is speaking out about the tragedy as the man behind the wheel now faces a murder charge in connection with the Newport Beach death.
Joseph Alcazar, 30, of Fontana, is a twice previously convicted drunk driver and was found driving with a blood alcohol level twice the legal limit.
The victim was identified as 14-year-old Rosenda Elizabeth Smiley of Rialto. Smiley, along with three two other people, were crossing East Balboa Boulevard against the don't walk sign. A driver stopped to let them cross, and Alcazar went around the car, striking Smiley and the foot of a 13-year-old girl.
"They were all at the beach and decided that they were going to get pizza, and Rose and Alexa and Sarah ran back to the car to change out of their wet clothes and that’s how it happened," said Fillmore Smiley, the father of the fatal victim.
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The Smiley family, as well as the young teen's friends, are now left grappling with their grief.
"Why my baby? Why my little girl, that quick? Wrong place, wrong time, wrong circumstances," Fillmore told NBC4.
The devastated dad said his daughter knew what she wanted for her future. She knew which colleges she wanted to attend, what year she wanted to travel and that she wanted to spend a semester at sea.
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"She was precocious, stubborn, opinionated, feisty," Fillmore said of Rosenda, "At the same time, loving, caring, passionate, compassionate talented, artistic."
The suspect stopped shortly after hitting Smiley. The driver's 8-year-old daughter and another man were inside the vehicle at the time of the deadly collision.
“A 14-year-old girl living the California dream enjoying a day of sun and sand at the beach with friends to kick off the beginning of summer is dead because of the selfish decision of a stranger,” said Orange County District Attorney Todd Spitzer. “A repeat drunk driver not only took the life of a little girl, but he also endangered the life of his own daughter by getting behind the wheel after drinking and traumatized her and the other young girls who witnessed him hitting and killing a teenager.
Alcazar was charged with one felony count of murder, one felony count of driving under the influence of alcohol causing great bodily injury with two previous prior convictions, one felony count of driving under the influence of alcohol with a BAC of .08 or higher with two previous prior convictions, and one misdemeanor count of willful endangerment of a child.
The driver faces a maximum sentence of 15 years to life plus six years if convicted on all accounts.