A man convicted of killing a West Marin teenager in a DUI crash is seeking a lighter sentence under a new state law.
Gerardo Ramirez Larios, a former Inverness resident, is serving 15 years to life for the death of Ricky Teague in 2007. Teague, 16, of Point Reyes Station was riding in Larios’ truck when Larios smashed into a utility pole off Highway 1 near Olema.
Prosecutors charged Larios with gross vehicular manslaughter while intoxicated. They also charged him with second-degree murder on the theory that someone who drives drunk despite having prior DUI convictions meets the “implied malice” standard for the murder charge.
Larios took the case to trial. Defense attorneys argued that authorities could not prove Larios was driving when the car crashed.
The first jury deadlocked. The second convicted Larios on both counts. He was sentenced in 2009.
Larios, now 45, lost his state and federal appeals. But he is hoping a new law might get him out of prison earlier than expected.
The law, SB 1437, was signed by Gov. Jerry Brown last September and took effect on Jan. 1. The law eased certain standards for murder convictions and allows some convicted killers to apply for a new sentence.
Larios filed a petition for resentencing. The Marin County District Attorney’s Office says Larios’ case is not eligible and SB 1437 is unconstitutional.
“People submit that where petitioner was convicted of implied malice murder having acted with malice aforethought, was the actual killer and a major participant with a reckless indifference to human life, he fails to qualify for relief under this statute,” wrote Chief Deputy District Attorney Dori Ahana.
A hearing on Larios’ petition is set for Friday before Judge Paul Haakenson in Marin County Superior Court.
Larios is serving his sentence at the Deuel Vocational Institution in Tracy, according to the California Department of Corrections and Rehabilitation. He is eligible for parole in January 2024.
The crash victim, Teague, was a student at Tomales High School. Larios was a friend of Teague and his family.
Authorities said Larios’ blood-alcohol content was three times the legal limit when the crash happened. He had prior DUI convictions in 2001 and 2003.
