Manslaughter, DUI Charged in Fatal Christmas Crash

VAN NUYS — A Sun Valley man, accused of killing a woman while speeding his wife through red lights to a hospital after she went into labor early Christmas morning, was charged Monday with vehicular manslaughter and driving under the influence of alcohol.

Roberto Perez was originally arrested by police on suspicion of murder and the decision by the district attorney’s office to file lesser charges angered the family of the victim, 26-year-old Michelle Pagan of Woodland Hills.

“We understand the D.A. wants to file charges they can get a conviction on. However, Michelle is dead. We want him to get the maximum sentence,” said Mayumi Pagan, Michelle Pagan’s sister-in-law, as she waited in court for Perez to be arraigned.

Deputy Dist. Atty. Kenneth Loveman defended his decision, saying that although Perez committed a serious crime and was responsible for a death, murder charges are not warranted.

Unlike most drivers charged with murder in such cases, Perez had no history of driving under the influence, Loveman said.

Also unusual was Perez’s motivation for getting behind the wheel, Loveman said. After a holiday celebration at home, Perez’s wife awoke him, saying she was in labor and needed to get to the hospital--quickly.

Mani Mata, the Los Angeles Police Department detective who submitted the murder charges, said Perez knew he was driving recklessly because he was honking his horn and blinking his hazard lights as he sped through red lights.

He almost collided with a car stopped at a red light in his dash for the hospital at 3 a.m., Mata said. Moments later, he ran another red light and his station wagon plowed into the driver’s-side door of Pagan’s car.

Pagan, assistant manager of a Sherman Oaks Blockbuster video store, died at the scene.

“I’m disappointed,” Mata said. “As far as I’m concerned, it’s a murder.”

But Sandra Perez, the defendant’s wife, said Pagan’s death was “an accident. It was not planned.”

She and her husband are remorseful and hope to get the chance to explain to the Pagans, she said Monday at Van Nuys Municipal Court.

The baby was not expected until Jan. 3rd but Perez said that when she awoke her husband, she knew birth was imminent. “At that moment, it’s very hard to think about calling ambulances,” she said, flanked by her sister-in-law and one of her husband’s co-workers.

“We never thought that [accident] was going to happen.”

After the accident, paramedics sped her to Northridge Hospital Medical Center, where she gave birth to a healthy girl. She brought the newborn to court with her.

“We named her Lucerito,” Spanish for “small star,” she said, looking down at her daughter, “because she was a shining star in all this tragedy.”

She said her husband will remain in jail because his family cannot afford the $50,000 bail on the charges against him.