PLEASANTON (CBS SF) -- The wife of an Alameda County Sheriff's deputy who was arrested last year for an alleged DUI crash which killed a three-year-old has been arrested for public intoxication.
Yarenit Liliana Malihan, 40, of Pleasanton, was arrested Friday afternoon by Pleasanton police. She had been reportedly found lying on the sidewalk and was taken to a hospital.
Police said she left the hospital without clearance and was arrested and returned to the hospital. She was later booked into Santa Rita Jail in Dublin.
She has not yet been charged in the crash on Interstate Highway 680 in San Ramon on September 9, 2016 which killed 3-year-old Elijah Dunn and severely injured his mother.
After Elijah's death, Malihan was arrested on suspicion of felony DUI and gross vehicular manslaughter when her SUV slammed into the back of a car parked on the shoulder of northbound I-680 near Bollinger Canyon Road.
She was released on bail the next day.
Malihan had been previously arrested in June on misdemeanor DUI and child endangerment charges involving her own child.
In that case, she pleaded not guilty and was given a provisional driver's license just days before the deadly crash.
Prosecutors were not specific on why she has not yet been charged in the deadly crash, but said they are looking at possible second degree murder charges.
"There are things that need to be done before a decision is made," Contra Costa County Deputy District Attorney Derek Butts said. "We don't want these people out...We prefer she is not out but we don't have authority over her until she has been formally charged. We have been looking into second degree murder charges.
But Dunn's grandfather, Chuch Manoiki Jr. says it's not right for Malihan to be out.
"They should have kept her in jail, period. With no bail," said Manoiki Jr. "If she was in jail, none of this would have happened."
She is expected to be in court next on June 12 for the most recent arrest.
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