OAKLAND — An Albany man who was allegedly driving with a suspended license after a DUI conviction has been charged with murdering a woman and seriously injuring three of her loved ones in a head-on, wrong-way collision on Highway 24, court records show.
Elias Angel Rivera, 34, was charged with murder, drunk driving, driving on a suspended license, and driving under the influence, causing injuries, with priors, according to court records. The charges stem from an early morning May 21 crash that killed 30-year-old Heidi Gerrish of Tucson, Arizona, and injured her partner, her brother and her sister-in-law, who all required surgery.
The California Highway Patrol alleges that about 2 a.m., Rivera got on eastbound Highway 24 driving west and drove his Mercedes into a 2012 Mazda. Gerrish, a passenger, died before emergency responders arrived, police say.
Rivera allegedly ran from the area after the crash. Police located and arrested him a little before 3 a.m., near 54th Street and Shattuck Avenue, in Oakland. The arresting officer wrote in court records Rivera had “an unsteady galt, watery eyes, and slurred speech,” as well as injuries “consistent” with being in a car crash. He was arrested on suspicion of drunk driving and drug possession.
A memorial website for Gerrish describes her as a board member of the University of Arizona Lutheran Campus Ministry who was heavily involved in the Lutheran church and was traveling to the Bay Area to celebrate her sister’s graduation from the Pacific Lutheran Theological Seminary in Berkeley.
At the time of the crash, Rivera was on probation, according to the criminal complaint. He has a 2019 misdemeanor drunk driving conviction, as well as three convictions for driving on a suspended license, according to court records.
The law surrounding drunk driving murder cases in California is not as straightforward as homicides involving criminal intent and weapons. It requires that prosecutors prove the defendant was driving under the influence and knew his conduct was dangerous to human life. Often, this is easier when the suspect has a prior DUI conviction, since people are admonished on the dangers of drunk driving when they are sentenced, creating a written record.
Rivera has been in the Santa Rita Jail in Dublin on a no-bail hold for his probation violation since the crash. Prosecutors filed the murder and drunk driving charges on Tuesday. His next court appearance is set for Aug. 2, records show.
