Wednesday marked the first time the suspect in last week’s deadly hit-and-run in Atascadero stood before a judge in the case.
Zachary Bernal, 31, pleaded not guilty to charges of gross vehicular manslaughter while intoxicated, leaving the scene of a crash, and a misdemeanor charge for possession of fentanyl involving the death of José Gutiérrez.
The 11-year-old died Friday after being hit while walking on the sidewalk along El Camino Real. Police said the driver took off.
It was also an emotional hearing as many of José's family members broke down into tears once Bernal appeared in the San Luis Obispo courtroom. José’s father needed to be restrained by family members, who took up two rows of the courtroom.
“A child walking home from school who should not have to worry about a vehicle leaving the roadway, jumping the curb and hitting striking them, they should not have to worry about that," San Luis Obispo County District Attorney Dan Dow said.
"No one feels good about this case, absolutely no one. This is a tragic case all the way around. It's terrible," Bernal's attorney, Ilan Funke-Bilu, told community reporter Ashley Stevens over the phone. "Anytime you’re dealing with the death of an innocent 11-year-old boy, it's a very difficult process for an attorney."
Bernal remains in San Luis Obispo County Jail with bail set at $1 million. He’s due back in court March 24 where a discussion on reducing his bail will take place.
