SAN RAMON (KTVU and BCN) - KTVU has learned the mother injured in last Friday's DUI that killed her 3-year-old son in San Ramon was released from hospital on Wednesday, according to family members.
Funeral arrangements for the little boy are being made.
The woman who was arrested on a DUI charge in the crash is suspected to have been under the influence of drugs in that incident, according to California Highway Patrol. CHP officer John Fransen would not disclose what kind of drugs they were.
The woman is also suspected of driving under the influence in Alameda County several weeks before the deadly crash, sources and court documents show.
Elijah Dunn, 3, died in on northbound Interstate Highway 680 near Bollinger Canyon Road around 6:20 p.m. Friday.
The woman accused in the crash, Yarenit Liliana Malihan, 39, of Pleasanton, is married to an Alameda County sheriff's deputy. She was arrested on suspicion of DUI and gross vehicular manslaughter.
But Malihan was also arrested and charged in the DUI that occurred several weeks ago. >>>>>Click here to see the court document filed in the earlier DUI case.
Malihan was arrested Friday after the crash.
According to CHP, at the time of her arrest, she had a valid driver's license rather than a temporary license.
“She did have a driver’s license in her possession,” Fransen said. “She was a valid driver. She had a valid driver’s license and there were no prior convictions on her record.”
The CHP said when a person is arrested for driving under the influence of alcohol their license is typically suspended. The driver is then issued a temporary license, or a pink slip, and they’re entitled to request a DMV hearing. If a hearing is scheduled, that person’s driving privileges are extended pending the outcome of the hearing. A person's license is not revoked when they are arrested for driving under the influence of drugs.
A California Department of Motor Vehicles spokesman said Malihan’s license was set to be suspended in the June case, but she requested a DMV hearing which ends the suspension on her license until the hearing date. Malihan’s hearing for the June case is set for October.
A DMV spokesperson also noted that a hearing will determine whether a person who has been charged with DUI can continue to drive. The criminal portion of the case is handled by the court, but the DMV will often follow the court’s lead if the courts make a ruling prior to the DMV hearing.
On Monday, Elijah's father, Eric Dunn Sr. spoke out about his son, calling him his "right arm" and an "amazing child".
The children's mother, Cryastal Manoiki, was taken to John Muir Medical Center with major injuries and is still recovering. Officials say she's made enough progress where doctors may transfer her to the Kaiser Hospital in Walnut Creek either Monday or Tuesday.
Meanwhile, her husband grieves and demands justice for his son.
"Everywhere I went, he was just like my right-hand man, my little shadow. He was everything to me. We were so close," said Dunn.
On Friday the mother and her three children were driving in a black 2007 Toyota Camry when it ran out of gas. She was parked on the shoulder of the highway when 12-year-old Eric Jr. called his dad and asked him to bring them gas. About two minutes later, Malihan's white 2008 Toyota Sequoia crashed into them, rear-ending them, CHP officials said.
The children including Elijah, his 1-year-old sister and his 11-year-old brother were taken to UCSF Benioff Children's Hospital Oakland. Elijah died at the hospital, according to CHP officials.
Investigators concluded the small children in the Camry were secured in child safety seats and the other occupants were wearing seatbelts, CHP officials said.
Malihan was treated for minor injuries at San Ramon Regional Medical Center and booked into the county jail.
The Alameda County Sheriff's Office sent a statement that reads in part: "Words cannot express how deeply saddened we are about the tragic death of Elijah Dunn." It continues, "Drunk driving is a selfish and irresponsible crime."
Sgt. Kelly said sheriff's officials are making sure the deputy's family has the support they need such as counseling and peer support as deputies send out their thoughts to the boy's family.
"We're thinking of them and we will as we move forward," Kelly said.
But the Dunn family is incensed that the DUI suspect is already bailed out of jail.
A gofundme page has been set up to help Elijah's family with living expenses, loss of income and the financial burdens of Elijah's death.
The page can be found at https://www.gofundme.com/elijah-dunn.
About $47,600 had been donated as of 6:30 p.m. Monday.