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'If Alcohol Crosses Your Lips, Do Not Drive,' Says Attorney For 4-Year-old Survivor In Sierra Wrong-Way Crash

SACRAMENTO (CBS13) — An attorney for the North Highlands family killed in a wrong-way crash in the Sierra says Julian Montano, the 4-year-old sole survivor in that crash, is out of the hospital.

Chelsea Monahan, the family attorney, said Julian is with extended family, his aunt and uncle Michelle and Anthony Gonzalez, who will continue to raise him moving forward.

Monahan said Julian will continue down the road of recovery and that his "injuries include but are not limited to multiple fractures and head trauma."

Less than a month since this tragedy, Monahan said the family's North Highlands home was burglarized.

"The Montano's have now been victimized again by an alleged break-in and theft at Julian's family home," said Monahan. 

Officers who first responded to the crash scene with California Highway Patrol say that day was not easy, even for first responders and their thoughts and prayers are with the family. A spokesperson for the Gold Run area CHP office said the officers who investigate these kinds of incidents are human and think about victims and their families, even after an investigation is done.

"Certain things affect you in different ways, especially when children are involved for the guys and gals that have children themselves," said CHP Officer Chris Nave.

Nave said professionalism and the investigation come first, but in incidents with children, it is especially important to get the work right.

"You always wish there was more you could've done," said Nave when talking about accidents that involve a driver under the influence of alcohol or drugs.

He said, the message from CHP is simple: don't drive under the influence.

The alleged wrong-way driver, 32-year-old Antelope resident Michael Kelley, is now facing charges of murder and driving under the influence. CHP reports that Kelley was on probation.

On Wednesday, the Nevada County District Attorney's office announced it has filed charges of four counts of murder against Kelley. Read the full criminal complaint here.

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