News


Pleasanton woman still awaiting possible charges for fatal crash sentenced in other DUI case

I-680 crash in San Ramon killed toddler in September

Yarenit Liliana Malihan, the Pleasanton resident arrested on suspicion of felony DUI and gross vehicular manslaughter following a crash on Interstate 680 in San Ramon that killed a 3-year-old boy, has not yet been formally charged nearly four months later with investigators still awaiting a coroner's report.

Meanwhile, Malihan last month reached a plea agreement in an unrelated misdemeanor DUI case stemming from a June incident in her hometown in which she reportedly drove while intoxicated with her daughter in the car.

She was sentenced in Alameda County Superior Court to three years probation, with 106 days credit for time served in jail, after pleading no contest to misdemeanor DUI and child cruelty.

Malihan, who is married to an Alameda County Sheriff's deputy, remains out of jail custody as the investigation into the fatal September crash is ongoing.

California Highway Patrol public information officer Derek Reed said the CHP investigation is not complete because it is waiting on a report from the coroner.

"Our report has not been filed with the DA yet because of that reason," Reed said. "As soon as we receive that, we can move forward."

Reed added that he did not know when that report would be sent to them. The Contra Costa County Sheriff's Office, which oversees the county's coroner's office, had not returned a request for comment as of Tuesday afternoon.

The Contra Costa County District Attorney's Office would consider whether to file charges once it receives the investigative report from the CHP.

Malihan's attorney, Kim Burgess, had not returned multiple requests for comment as of Tuesday afternoon.

According to the initial crash report from the CHP, Malihan's Toyota Sequoia slammed into the back of a black Toyota Camry parked on the shoulder of northbound I-680 near Bollinger Canyon Road, killing toddler Elijah Dunn on Sept. 9. The 3-year-old's mother also suffered major injuries in the crash, and his brother and sister sustained minor injuries.

Malihan was treated for minor injuries and then arrested by CHP officers and booked into jail following a drug recognition test. She was released on bail the next day.

The CHP said at the time that Malihan had a valid driver's license and no prior DUI convictions.

While Malihan awaits word on possible charges stemming from the September crash, court records indicate she has resolved the separate misdemeanor DUI case in Alameda County.

On June 7, 2016, Pleasanton police met with Malihan at her home after receiving a report of a family disturbance, according to Alameda County prosecutors.

Upon contact, an officer observed that Malihan had slurred speech, red and watery eyes and smelled like alcohol. Malihan reportedly admitted to police that she had driven her car and picked her 10-year-old daughter up from a friend's house roughly 30 minutes before they arrived. She also admitted to drinking and consuming Norco, a pain reliever, earlier that day, according to prosecutors.

Malihan was arrested, received a blood test and was booked into Santa Rita Jail where she spent two days in custody. Her test later came back with a blood alcohol content of 0.13%.

Prosecutors filed misdemeanor charges of DUI and child endangerment against Malihan in late July. Following the fatal September crash, a judge granted the prosecution's request that bail newly be set at $250,000 and Malihan was subsequently taken into custody.

Court records show that on Dec. 8 at the Fremont Hall of Justice, Malihan pleaded no contest to one count of driving while having a blood alcohol level of 0.08% or higher and one count of child cruelty.

Judge Jacob Blea sentenced Malihan to three years' probation with 106 days of that probationary period spent in Santa Rita Jail.

Malihan was credited with serving 106 days in jail, with 53 days of actual time in jail and 53 days of behavioral credit, according to court documents. She was also required to pay roughly $2,200 in fines and ordered to take online parenting classes.

As part of her sentence, Malihan will have to obey all laws and report to the court when ordered to do so. She cannot drive unless licensed and insured, and not with any measurable alcohol in her system.

Malihan is scheduled to appear in court for a probation progress report hearing on March 10.

Comments

29 people like this
Posted by Shirley
a resident of Del Prado
on Jan 4, 2017 at 5:53 pm

Why is this woman being treated special?
She killed a a little boy!!


42 people like this
Posted by Stacey
a resident of Amador Estates
on Jan 4, 2017 at 6:44 pm

Agree with Shirley! Drunk Driving and killed a little boy! The first time around should have been the end of it! This fries me so much! With all the technology we have, if a person is arrested once, put a device on their body or somewhere so they can't even start a vehicle! How many people do we need to lose!!!!!! So angry!


18 people like this
Posted by Susie
a resident of Pleasanton Valley
on Jan 4, 2017 at 8:02 pm

There is no excuse to drive drunk and she should pay for taking the life of a child. She deserves to be in jail. My condolences to her family and for the family who's lives she changed forever.


22 people like this
Posted by carlos
a resident of Highland Oaks
on Jan 5, 2017 at 12:00 pm

Get a clue! She's MARRIED TO A COP.


16 people like this
Posted by Common Sense
a resident of Del Prado
on Jan 5, 2017 at 2:09 pm

@ carlos

Amen!


12 people like this
Posted by DD
a resident of Country Fair
on Jan 5, 2017 at 7:37 pm

I would love to hear the cops (her husband) side of the story as to why she hasn't been charged.....................yep favouritism I bet.


7 people like this
Posted by Dir
a resident of Amador Estates
on Jan 6, 2017 at 7:10 am

This is how the process is for everyone she is not being treated special. The DA needs all pertinent information to put a case against someone and they are waiting for some critical info from the coroner. They are being thorough.


14 people like this
Posted by Map
a resident of Del Prado
on Jan 6, 2017 at 8:26 am

Waiting for critical information from the coroner?? What information? A drunk driver plows into a parked vehicle and kills a child while on a very weak probation from a previous DUI - lock her up and throw the keys away!! Reminds me of that lawyer from Danville that pulled the hit and run and only got caught because he left parts of his brand new Mercedes laying around after he hit and killed the pedestrian/bicyclist, what ever happened to that guy???


10 people like this
Posted by Sjh
a resident of Jensen Tract
on Jan 7, 2017 at 5:45 am

Wait! What?? If that was me or anybody else their would be bail no freedom. Atfter two dui and she's out waiting for
corners report! It doesn't take that long.I bet she gets no longer then 2-3 years then probation. Tarenit you took a life!! Do your time now!!!


11 people like this
Posted by John
a resident of Dublin
on Jan 7, 2017 at 9:12 pm

Since drunk drivers tend to repeat the same offense, the state government should list the names and post the pictures on the Internet of everyone convicted of drunk driving. The public has a right to know, especially if these convicted people have a profession that deals with the public (day care provider, Uber driver, taxi driver, bus driver, truck driver, etc).


8 people like this
Posted by How can we check the court records?
a resident of Another Pleasanton neighborhood
on Jan 9, 2017 at 10:11 am

Seems like all this should be public record?

I'd really like to know how to check.
I was hit by a drunk driver, driving without a license over a year ago on Stanley.
Sent my wife to the ER, and totaled my Accord.
Could've killed us.

What with postponements, delays,
it is still in court iN Alameda County.


10 people like this
Posted by How can we check the court records?
a resident of Another Pleasanton neighborhood
on Jan 9, 2017 at 10:24 pm

The Drunk Driver's name is Aliaksei Saidak
Alameda Court Docket No 06-153839,

You can view some arrest records, like:
Web Link


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