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By Eric Heinz
Kelly Michele Wolfe, 46, of Capistrano Beach (Dana Point) was convicted on Monday in Orange County Superior Court of murder, driving under the influence causing bodily injury, driving without a license and a sentence enhancement of driving with a blood alcohol level of .15 percent or higher.
According to an Orange County District Attorney’s report, at 8:30 p.m. on July 4, 2013, Wolfe drove a Volkswagen van just south of the intersection of Camino Capistrano and Pacific Coast Highway, near the Shorecliffs Beach Club in San Clemente, while under the influence of alcohol and without a valid driver’s license.
Wolfe ran over 76-year-old Marthann Demchuk, who was standing in the gutter while her then 13-year-old blind grandson, Mason, was on the curb holding her arm.
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 the injuries that she sustained from the crash.
“Wolfe had a blood alcohol content of .31 percent at approximately 10:39 p.m., approximately two hours after the crash,” a DA press release stated.
The legal limit in California is .08 for a regular driver’s license holder.
Wolfe has a prior DUI conviction from Nevada in 1995, the release stated. In California, she was issued a Watson advisement when she applied for her California license, which means she was given notice that if she killed someone and is charged with a DUI, she could be tried for murder.
Wolfe is scheduled for sentencing at 9 a.m. on Nov. 20 in Department C-37, Central Justice Center in Santa Ana. She faces a maximum sentence of 18 years to life in state prison.