Kern County DA Lisa Green announced the filing of two charges against John George Giumarra, III.
Giumarra, 48, was charged with felony hit-and-run causing death and driving while impaired for the death of 32-year-old Angela Holder.
RELATED:
Investigators arrested Giumarra, a member of a well-known Kern County farming family, after they say he hit a bicyclist while under the influence on Golden State Avenue and F Street on January 16, 2017.
Holder later died from injuries sustained in the crash.
RELATED: Bicyclist hit by hit-and-run driver identified as 32-year-old woman
The DA's Office said Giumarra has been convicted of DUI at least once before.
The Bakersfield Police Department requested felony DUI charges and the felony hit-and-run charge. DA Green said that there's a reason the felony DUI charge was not filed.
She said:
"The law is absolutely clear that an individual must commit an independent unlawful act other than driving impaired; and that act must be the cause of death. Giumarra did not commit any separate act that caused Ms. Holder's death, therefore there was insufficient evidence to support the filing of a felony driving while impaired. A felony hit-and-run causing death has no similar independent unlawful act requirement, and therefore the evidence supports the filing of the hit-and-run."
If convicted, Giumarra faces a maximum sentence of four years in state prison.
