ALAMEDA COUNTY (KRON) — An Alameda County Sheriff’s deputy’s wife has been sentenced Friday to seven years in prison for the 2016 DUI crash that killed 3-year-old Elijah Dunn.
Yarenit Liliana Malihan, 40, of Pleasanton, pleaded guilty to gross vehicular manslaughter while intoxicated and driving under the influence causing injury.
She has accepted a plea deal and is not expected to serve the full seven years.
KRON4’s Terisa Estacio says Dunn’s family is outraged with the sentence.
“I was able to speak in front of the judge,” Elijah’s father Eric Dunn said. “I asked for the maximum. She killed my son.”
In court, five family members gave victim statements to the judge, pleading for a longer sentence.
“Unfair, unjust,” Elijah’s grandfather Chuck Manoiki said. “Justice was not served. She was given 7 years for gross vehicular manslaughter, she should have been given second-degree manslaughter. She will only serve about 50 percent of the sentence.”
Malihan was driving under the influence when she crashed her white 2008 Toyota Sequoia into the back of a black 2007 Toyota Camry that was parked on the shoulder of Interstate 680 in San Ramon on September 9 in 2016.
Dunn, a 3-year-old San Ramon boy, was killed in the crash. The toddler’s mother, 1-year-old sister and his 11-year-old brother were also injured.
Malihan was arrested for felony driving under the influence and was released on bail.
That was Malihan’s second DUI within a 3-month period. At the time of the crash, she had a valid driver’s license.
Malihan’s first DUI was on June 7, 2016 when she was pulled over with a child in her car in Pleasanton. She was arrested on suspicion of driving under the influence and child endangerment. Authorities say it was a drug-related crash.
Malihan was charged with a misdemeanor DUI and child endangerment over a month later. In that case, she was a first-time offender, according to DMV spokesman Jaime Garza. Her driver’s license was due to be suspended on Jul. 7.
There are no reported convictions from the Jun. 7 case, Garza said.
Dunn’s family has started a petition to change what happens to those who drive under the influence.
Normally for drunk driving, officers take the driver’s license, give them a temporary one, and wait for the DMV to decide whether it will revoke it altogether.
But the law is different for DUI’s involving drugs. They don’t send your license to the DMV in those cases.
Malihan, for example, can continue driving at least until she appears in court. That is why the Dunn family has a petition going.