Parents of 14-year-old killed by alleged drunk driver in Newport Beach push for DUI reform

"If you have a DUI where you kill somebody, you should automatically get life - a life for a life," said the girl's father.

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Sunday, June 2, 2024
Parents of girl killed by DUI suspect in Newport Beach speak out
"It's time to start to prosecute the people who are passengers in the DUI vehicle as well," said the teen's father. "If you have a DUI where you kill somebody, you should automatically get life. A life for a life."

NEWPORT BEACH, Calif. (KABC) -- The family of a 14-year-old girl who was hit and killed by a suspected drunk driver in Newport Beach is speaking out, calling for DUI reform.

Dozens gathered Saturday to honor Rosenda Elizabeth Smiley of Rialto. On the evening of May 25, Smiley was crossing the street near Balboa Boulevard and Palm Street when she was struck.

The driver, 30-year-old Joseph Alcazar, is now facing murder and DUI-related charges and could be sentenced to 15 years to life in prison plus six years, according to Orange County District Attorney Todd Spitzer's office.

"My little girl was everything," said the girl's heartbroken mother Glori Smiley as she held back tears - Rosenda was her only daughter.

The mother stopped by a makeshift memorial for Rosenda at the crash site that's filled with messages, photos and flowers.

Rosenda's father, Dr. Fillmore Smiley, recalled the last conversation he had with his daughter just hours before the crash.

"My daughter Rose, scheming to spend more time with her boyfriend and friends, came into my bedroom and said, "Dad, hear me out. How about instead of going to Lake Arrowhead Village, we go down to the beach instead."

Much like any loving father would, he said he let her hang out in Newport Beach under certain conditions.

"Most importantly, stay in touch with me so I know that you are safe," said the father. "You know what ... my daughter never made it home, and she didn't make it home because of the behavior and actions and choices of an alleged drunk driver."

Alcazar, who has two prior DUI convictions, was driving drunk with his 8-year-old daughter in the car when he killed Rosenda, prosecutors allege. He also allegedly ran over the foot of a 13-year-old girl.

A statement from the DA's office describes how the events allegedly unfolded:

"On Saturday, May 25, at approximately, 6:49 p.m., 14-year-old Rosenda Elizabeth Smiley, of Rialto, was crossing E. Balboa Boulevard west of Palm Street with two other people against the don't walk sign. A driver stopped to let the group of pedestrians, including Smiley, cross the street, but another driver, later identified as Alcazar, is accused of going around the stopped car and hitting Smiley, who died at the scene of the collision, and running over the foot of a 13-year-old girl."

Alcazar's blood alcohol level was described as "twice the legal limit." His 8-year-old daughter and another man were in the car, according to the DA's office.

Alcazar has two prior convictions for driving under the influence. The DA's office says one of those previous incidents involved him getting into a single-vehicle crash which left him seriously injured.

"A 14-year-old girl living the California dream enjoying a day of sun and sand at the beach with friends to kick off the beginning of summer is dead because of the selfish decision of a stranger," Spitzer said. "A repeat drunk driver not only took the life of a little girl, but he also endangered the life of his own daughter by getting behind the wheel after drinking and traumatized her and the other young girls who witnessed him hitting and killing a teenager."

Alcazar's arraignment has since been continued to June 14 and he is being held without bail.

Meanwhile, Rosenda's family is now demanding more accountability and changes to how DUI cases are handled.

"It's time to start to prosecute the people who are passengers in the DUI vehicle as well," said Smiley. "And if you have a DUI where you kill somebody, you should automatically get life. A life for a life."

As they try to push through the pain, Rosenda's family can't help but wonder about the life their little girl would've had.

"She was beautiful and she was fierce and she was opinionated and she was strong," said Glori Smiley. "Now, it's all gone and I don't understand why."