District Attorney Lisa Green announced two charges against John Giumarra, III

BAKERSFIELD, Calif. - Police requested felony DUI charges and felony hit and run charges against John Giumarra, III after the fatal crash that killed 32-year-old Angela Holder in January.

Today District Attorney Lisa Green announced two lesser charges against Giumarra -- felony hit and run and a misdemeanor count of driving while impaired. 

Giumarra was arrested on suspicion of DUI and hit and run after police say he hit and killed Holder who was riding a bike along Golden State Highway the night of January 16.

Police said Giumarra left the scene and was arrested in a nearby gas station parking lot.

Search warrants also say Giumarra had an empty vodka bottle in his car.

According to police reports Holder,  was riding with no lights or helmet, was wearing dark clothing and was not in a crosswalk when she was hit.

"It's appropriate that no murder or man slaughter charges were filed in this case as it was not Mr. Giumarra's fault," Giumarra's attorney Jeremy Brehmer said. "The accident was clearly the fault of the bicyclist. With regard to the hit and run, we are disappointed. We do not believe there are facts to support that charge and we are looking forward to going to court on that." 

District Attorney Green said after reviewing BPD's reports from that night, she did not believe there was enough evidence to charge Giumarra with felony DUI.

 "The felony DUI requires an independent unlawful act, such as speeding or weaving or something of that nature and there was no evidence of that based on our review of the Bakersfield Police Department reports," Green said. 

Joel Andreesen, the attorney representing Angela Holder's family said it was a relief to hear some criminal charges against Giumarra.

"At the same time it's unfortunate that the law, the way it is stated, didn't allow the district attorneys office to peruse the felony charges that would have been a greater penalty, a greater sentence against Mr. Giumarra and that's something that down the road my clients and I will probably be contacting some state legislature," Andreesen said.

If convicted Giumarra faces up to four years in state prison. 

Giumarra's court date is not yet scheduled. 


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