Only 6 years for six years in prison for Anthony Guarino, 57, convicted of gross vehicular manslaughter while intoxicated and San Diego county DUI charges in the death of Marc Durham. The DUI defendant avoided 13 years.
In giving Guarino only 6 years, San Diego Superior Court Einhorn recognized he was giving the defendant credit for his military service and as a good family man with good standing in the community.
“You had so many chances to avoid doing what you did that night,” the judge nonetheless warned. “The law will not tolerate drinking and driving and the resulting carnage.”
Guarino drove about 55 mph when his BMW hit Durham’s vehicle about 9 p.m. Other cars collided, injuring six people. Guarino had no prior criminal record and served 20 years in the Marine Corps before working in the insurance industry, apologized to the victim’s family before he was sentenced.
“I made a terrible mistake. I’m sorry,” he said.
San Diego DUI Defense lawyer Brad Patton reasonably asked Judge John Einhorn to sentence Guarino to probation and jail time, or alternatively, the low-term of four years in prison.
The accused was asleep at the time of the crash and should have been acquitted of all charges, except misdemeanor DUI, argued his attorney. Guarino’s severe sleep apnea could have brought on the so-called microsleep. Guarino drifted but never hit the brakes. When speaking with paramedics, he had no memory of the acciden.