Prosecutors charged a Santa Rosa man with second-degree murder in a fatal pedestrian crash they said happened while he was driving under the influence of drugs.
Andrew Tungseth, 33, had three prior drunken-driving convictions and a suspended license when he is alleged to have struck yoga instructor Victor Buxbaum, 52, also of Santa Rosa, as he walked his pit bull along Stony Point Road on July 10.
Buxbaum and the dog were killed.
"Based upon the state of the evidence, the charge is appropriate," Sonoma County District Attorney Jill Ravitch said. "This office will aggressively prosecute individuals who drive impaired."
California drivers who are convicted of drunken-driving are warned they can be charged with murder if they kill someone while driving while intoxicated again, Ravitch said.
Tungseth had been released on $100,000 bail, but was remanded into custody Monday after prosecutors filed the murder charge.
His next court date is Friday, when he is expected to plead not guilty, his lawyer said.
"Most of these cases don't get charged as murder," Mark Retana said. "He is not going to plead guilty to second-degree murder."
Michael White, a friend of the victim, hoped the murder charge would deter others from getting behind the wheel after drinking or doing drugs.
"This guy re-offended and this was the result of it," he said. "We need to make sure this doesn't happen again."
Second-degree murder is punishable by 15 years to life in prison. Vehicular manslaughter, a lesser charge, could be punished by up to 10 years in prison.
You can reach Staff Writer Matt Brown at 521-5206 or matt.brown@pressdemocrat.com
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