WASHOE COUNTY, Nev. (CBS13) - We are getting our first look at the booking photo for Michael Kelley, the man charged with murder in a tragic alleged wrong-way DUI crash that killed four members of a Sacramento County family on Interstate 80 near Donner Summit last month.
The family's 4-year-old boy was the only survivor.
The 32-year-old suspect was moved from a Reno hospital to a jail in the state of Nevada. Kelley's mugshot shows no visible signs of injuries from the deadly collision. He is due in court Thursday for extradition back across the California state line.
A new photo shows siblings 5-year-old Antonio Montano and 9-year-old Marianna Montano, both killed in the crash. Their parents, Brittney and Antonio Montano, were also killed.
Miraculously 4-year-old Julian survived.
The Nevada County D.A. is charging Kelley with murder for the DUI crash, an option under California law as part of a so-called 'Watson Advisement' because Kelley had a previous DUI conviction.
CBS13 has learned he was convicted of misdemeanor DUI in 2019 in Placer County and sentenced to three years probation.
"If he's been charged previously with DUI he was advised that driving under the influence of alcohol or drugs is deadly and if you kill somebody in the future you'd be charged with murder," attorney John Campanella, who specializes in DUI cases.
Campanella says CHP officers first to the scene would have likely asked a judge for a warrant to draw Kelley's blood if he was unconscious from the crash and not able to give consent.
"The officer is going to have to write up a warrant, swear to it under probable cause and submit that to the judge either telephonically or whatever. The judge signs it and they're good to go," Campanella said.
The tragic wrong-way crash left four members of a young family dead and a search for justice just now beginning.
Kelley is due to stand before a Washoe County judge for that extradition hearing on December 21.
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