FRESNO, Calif. (KMJ/KFSN) — David Alvarado is accused of driving under the influence in May when he crashed into a car at a red light on Highway 41 and Manning Avenue in Fresno County.
The impact killed 65-year-old Mary Hardin. Her husband, 69-year-old Paul Hardin, was hospitalized in critical condition before being taken off life support days later.
Alvarado’s attorney asked the judge Thursday to reduce his bail from over $2 million down to $50,000, a price his family can afford.
“My client is unable to complete any additional acts of violence towards the particular victims in this case because, unfortunately, they are deceased,” says Brendan Bergh, Alvarado’s Defense Attorney.
The District Attorney fired back, saying that the argument defies both logic and reason.
“The only reason this defendant does not pose risk to the victim is because he already killed both of them,” says Steven Ueltzen, Fresno County District Attorney’s Office.
The Hardins had just moved to the Central Valley as church missionaries months before the tragic crash. Their family cried for justice days after they were killed.
“Currently, there are eleven children who are now without parents,” says Hardin’s sister in court. “There are four sisters and two brothers without a sister, as well as Paul’s family.”
Alvarado’s extensive DUI history is a key point in the DA’s argument. A total of six convictions on record dating back to 1997.
“At that time, he had a .18 – .19 blood alcohol content, more than twice the legal limit. And at the time of his driving in this case, he was on three separate grant probations for driving under the influence,” says Ueltzen.
“I think the district attorneys’ position was a little harsher than necessary but accurate,” says Bergh.
In July of 2023, Alvarado wore a leg device to make sure he wasn’t drinking and driving, but authorities say that only lasted 120 days.
After considering further electronic monitoring or home confinement, the judge ruled to keep the 55-year-old in custody without bail.
“The court finds by clear and convincing evidence that there are no conditions that could reasonably assure the protection of the public in light of his continued decisions to drink alcohol and drive motor vehicles,” says Judge Geoffrey Wilson, Fresno County Superior Court.
Our news partner ABC30 Action News’ Legal Analyst Tony Capozzi says the defense had a difficult job and made a good attempt at advocating for their client but says the decision was a no-brainer.
“He’s indicated in the past that he can’t be trusted and driving while not under the influence. I think everyone bodes well with the judge’s decision in this particular case,” says Capozzi.
Alvarado is facing several charges, including two counts of murder.
If convicted he could face 35 years to life, his next hearing will be in mid-January.
