Capistrano Beach Woman Gets 18 Years to Life for Drunken Driving Murder in 2013

Kelly Michelle Wolfe

San Clemente Times

Kelly Michele Wolfe, 47, of Capistrano Beach, was sentenced Friday to 18 years to life in state prison for the murder of  76-year-old Marthann Demchuk and injuring her blind grandson in a drunken driving incident that took place July 4, 2013, according to the Orange County District Attorney.

Wolfe was found guilty by a jury on Sept. 28 of one felony count per conviction of murder, driving under the influence causing bodily injury, driving with a blood alcohol concentration of .08 percent or more and causing bodily injury, as well as one misdemeanor count of driving a motor vehicle without a valid license and a sentencing enhancement for driving with a blood alcohol concentration of .15 percent or more.

“At approximately 8:30 p.m. on July 4, 2013, Wolfe drove a Volkswagen van northbound on El Camino Real in San Clemente while under the influence of alcohol and without a valid driver’s license,” a release from the DA stated. “The defendant ran over the victim, 76-year-old Marthann Demchuk, who was standing in the gutter while her then 12-year-old, blind grandson, Mason F., was on the curb holding her arm.”

The release stated the two were on their way to watch fireworks.

“Wolfe crashed into the victims with her vehicle, fled the scene of the collision and failed to render aid to the victims,” the release stated. “The defendant drove home while her horn sounded in an attempt to avoid being caught. The defendant was contacted by the Orange County Sheriff’s Department, who investigated this case and subsequently arrested Wolfe after damage to her vehicle was found to be consistent with the debris at the scene.”

Wolfe reportedly had a blood alcohol content of .31 percent at approximately 10:39 p.m., nearly two hours after the crash. Paramedics responded to the scene and transported the victims to the hospital. Mason was treated for injuries as a result of the crash, including abrasions to his face, mouth and legs. Demchuck died as a result of her injuries sustained from the crash.

Because Wolfe had been convicted of a prior DUI in Nevada in 1995, where she completed a DUI class and attended a Victim Impact Panel, she received a Watson advisement when she renewed her California driver’s license in 2008. This informed her that she could be charged with murder if she killed a person while driving under the influence.