No charges against suspected drunk driver who killed mother and baby in Livermore

LIVERMORE (KRON) — The Alameda County prosecutors said Monday they aren’t filing formal charges yet against the man suspected of being drunk behind the wheel and running over a mother and her baby in Livermore.

However, prosecutors said they are still reviewing the potential case against 35-year-old Brian Jones of Livermore and could still formal file charges against him at a later time.

WATCH: Raw Video: Family confronts suspect in Livermore DUI case

Jones was arrested on suspicion of driving under the influence, gross vehicular manslaughter and was arraigned today at Alameda County Superior Court in Pleasanton at 9 a.m.

Preliminary tests indicate that Jones was driving with a blood alcohol content of 0.13 percent or higher, police said.

His potential arraignment was postponed until May 28, prosecutors said.  Friends and family of the victims gathered to express their outrage.

Livermore Mayor John Marchand said Tuesday that the deadly crash following Jones’ visit to a wine festival is about personal responsibility, not the wine event. “Mr. Jones chose to get behind the wheel after drinking and lost control of his car,” said Marchand.

Marchand said there were 270 craft booths in downtown Livermore during the wine festival and only ten per cent were wine- and beer- related.

He said, “It is estimated that up to 150,000 people came to enjoy our downtown over the weekend but only ten percent of those attending chose to taste the wines and beers.”

Marchand added that, “The festival is designed to discourage heavy drinking since patrons are limited to a one ounce pour per station. They then walk to the next station, stand in line and wait for the next one ounce pour. Beers were limited to three ounce pours.”

The stations were spaced throughout the downtown area and waits between pours averaged 15 to 20 minutes, Marchand said.

Employees at the wine festival were trained to recognize people who were impaired, according to Marchand. Four people were identified as impaired and were arrested for public intoxication, he said.

Marchand also said “It is important to recognize that almost two hours elapsed from the time that pouring stopped at the festival and the time that the accident occurred” and alleged that it’s likely that Jones chose to continue drinking elsewhere after the festival.

Officer Ryan Sanchez said Jones was allegedly speeding on Murrieta Boulevard when he lost control of the vehicle, hitting the mother and her daughter as they were walking on the sidewalk.

Police said debris from the crash struck two boys, who were taken to a hospital and were listed in stable condition.  Jones is free on $350,000 bail.

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