Campbell man arrested for alleged fatal hit-and-run in Mountain View

MOUNTAIN VIEW — A Campbell man was arrested after he allegedly struck a pedestrian with his vehicle, then fled before police arrived, authorities said.

Around 7:15 a.m. on Sunday, Mountain View police were sent to a reported hit-and-run collision at the intersection of Amphitheater Parkway and Joaquin Road, authorities said. There, they found a pedestrian in the roadway with severe injuries.

The pedestrian later died at a hospital.

Officers found the driver who had fled “a short distance away,” according to the Mountain View Police Department. The driver was identified by police as 42-year-old Erick Barrios.

Barrios was booked into Santa Clara County Main Jail on suspicion of murder, felony hit-and-run, felony driving under the influence and an outstanding warrant, authorities said.

A potential murder charge against a DUI driver in California can occur using what is known as a Watson murder theory, which is applied to defendants with prior DUI convictions. The theory asserts that because they are required to undergo court-mandated education about the dangers of drunken driving, any subsequent violation is viewed as the person knowingly engaging in deadly behavior.

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Two DUI murder cases have been filed by Santa Clara County prosecutors in the past six months — the first in August against a driver in a crash that killed a San Jose community service officer, and another earlier this month involving a driver who hit and killed a pregnant woman and her unborn child in Gilroy.

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