PLEASANTON (KTVU) -- The wife of an Alameda County sheriff's deputy is being charged by the Contra Costa County District Attorney with gross vehicular manslaughter while intoxicated for a DUI crash in 2016 that killed a 3-year-old boy.
According to the DA, her arrest on the new manslaughter charge could come as soon as Monday.
Yarenit Malihan has now been arrested on three different occasions for alcohol-related incidents, including for the fatal crash in September 2016 on Interstate 680 near Bollinger Canyon Road.
In the most recent incident, a woman said she saw Malihan laying on the sidewalk in front of Valley Care Medical Center in Pleasanton.
Kelly McKissack had seen Malihan lying on the sidewalk in front of Valley Care Medical Center in Pleasanton and went over to help.
"She seemed really out of it," said Kelly McKissack. "She clearly had a smell of alcohol on her breath (and) she wasn't giving me answers to the questions I was asking her."
Earlier in the day, police officers found Malihan passed out on Sunol Boulevard a few miles away and drove her to the hospital. Police say the woman walked out before being treated and passed out again, which is when McKissack found her.
"I said 'Is there anyone I can call' and she said my husband is an Alameda County sheriff" deputy, McKissack said.
Police arrested Malihan for public drunkenness before later driving her to the Santa Rita Jail, where she was released the next day.
Malihan still has not stood trial in connection with the death of Elijah Dunn, 3, who died a few days after the vehicle he and his family were in was struck from behind by Malihan's white 2008 Toyota Sequoia.
The family was in a black 2007 Toyota Camry when it parked on the freeway shoulder after the vehicle ran out of gas. The Camry was rear ended by Malihan's white 2008 Toyota Sequoia. Elijah, his 1-year-old sister, and his 11-year-old brother were rushed for medical care to UCSF Benioff Children's Hospital in Oakland, where Elijah would be pronounced dead a few days later.
The Contra Costa County chief prosecutor told us by phone his office is winding down its investigation and could announce a decision on charges within a few weeks.
Malihan is also serving three-year probation in Alameda County in connection with her arrest for driving with an alcohol level of .13 while her child was in the car.
The Contra Costa County prosecutor didn't say why the investigation into the fatal crash has taken so long.
By KTVU reporter Rob Roth.