A California man with four prior DUI convictions has been charged with murder after allegedly causing a head-on crash on New Year’s Day that killed a pregnant woman and her preborn child.
According to The Mercury News, Jesus Carlos Temores, 50, faces two counts of murder in the deaths of 29-year-old Rachel Marie Gonzalez Gallegos and her preborn baby, who was five months gestation. He also faces charges of driving under the influence of alcohol, causing injury.
It was at about 6:30 p.m. on January 1 that Temores was driving east when he crossed the double-yellow lines into oncoming traffic. His truck struck an SUV head-on and then hit a sedan before stopping.
Gonzalez Gallegos and her preborn baby were rushed to the hospital, but both died later that night. The man driving the SUV they were in suffered a head injury, and a four-year-old boy in a car seat was treated for cuts to his head and a concussion.
The four persons in the sedan suffered minor injuries.
Officers who arrived at the scene “noted objective signs of alcohol intoxication including red and watery eyes and a strong odor of alcohol” on Temores. He also “performed poorly” when three field sobriety tests were administered. Temores was given two chemical breath tests about an hour after the crash, which showed he had a blood alcohol level of 0.172% and 0.177% — more than twice the legal limit of 0.08%.
READ: Man charged with murder and feticide after killing pregnant girlfriend
Temores was convicted of a DUI in 2015 with three DUIs prior to that. According to The Mercury News, defendants who have prior DUI convictions are required to acknowledge the danger of their actions in court and undergo court-mandated education about driving under the influence.
Because of this, they are subject to the Watson murder theory, a legal concept in California that allows a subsequent DUI that results in death to be charged as second-degree murder rather than gross vehicular manslaughter while intoxicated. A Watson murder is an implied malice murder while driving under the influence, meaning that the person did not necessarily have the intent to kill anyone but carried out an act that he knew could kill, showing no regard for human lives.
Despite the murder charge against Temores for the death of the preborn baby, California’s Reproductive Privacy Act of 2023 states “every pregnant individual … has the fundamental right … to choose to have and to obtain an abortion…” The state law defines abortion as (emphasis added) “any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth” meaning, any procedure with the intent to cause the baby’s death.
According to Abortion Finder, abortion is legal in California through the age of “viability,” which is defined only as “the point in a pregnancy when, in the good faith medical judgment of a physician, on the particular facts of the case before that physician, there is a reasonable likelihood of the fetus’ sustained survival outside the uterus without the application of extraordinary medical measures.” This broad definition means that “viability” is up to an abortionist’s discretion and therefore, an abortion can be committed at any point in pregnancy as long as the abortionist deems the baby to be non-viable.
The lives of Gonzalez Gallegos and her baby both mattered, and California law acknowledges this. Yet it allows other preborn children of the same gestational age to be intentionally killed by abortion for any reason and celebrates those deaths as a woman’s right.
Temores is currently being held without bail at a Santa Clara County jail.
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Stop killing America’s future. Defund Planned Parenthood NOW!
