Orange County District Attorney Press Release
For Immediate Release, Case # 09NF1691: May 2, 2014
WESTMINSTER – A fleeing parolee driving under the influence of alcohol was sentenced today to 27 years and eight months to life in state prison for killing an innocent driver and causing great bodily injury to two people while recklessly running from the police. Oscar Javier de la Torre Villalobos, 27, Menifee, was found guilty by a jury Feb. 27, 2014, of one felony count each of second degree murder, driving under the influence and causing bodily injury, driving under the influence with a blood alcohol level of over .08 percent causing bodily injury, and evading the police while driving recklessly and causing serious bodily injury and death. The sentencing enhancement allegations for personally inflicting great bodily injury on non-accomplice victims, driving with a blood alcohol content over .20 percent, and two prior prison convictions of possessing a firearm as a felon and felony domestic violence were found true.
At approximately 7:40 p.m. on June 15, 2009, Villalobos was driving a red 1999 Chevrolet Silverado pick-up truck in Anaheim. His passenger, 22-year-old Alejandro Serrano, exited the truck and got into a verbal and shoving dispute with a man on the sidewalk. Following the dispute, Villalobos and Serrano drove to a nearby Home Depot parking lot.
Within minutes, Anaheim Police Department (APD) officers located the pick-up truck in the Home Depot parking lot and began to approach the vehicle to question them about the incident. The Home Depot was open at this time and there were parked vehicles, moving vehicles, and customers going in and out of the store. Villalobos looked at one of the officers, started the engine, and refused to comply with the APD officer’s command to turn off the engine. Villalobos then sped off, spinning and squealing the tires, and led the police on a high-speed pursuit. APD officers driving in two marked black and white police vehicles, with activated sirens and lights, began following the defendant’s truck. Three other police vehicles later responded to assist in the pursuit.
Villalobos drove out of the parking lot going eastbound on Gramercy Avenue and nearly collided with two other vehicles. While fleeing from police, Villalobos drove through multiple stop signs, weaved in and out of traffic, and nearly collided with several vehicles and pedestrians. He drove approximately 90 mph on Crescent Avenue, which has a 40 mph speed limit.
At about 7:45 p.m., Villalobos crashed his truck into another vehicle while running a red light at the intersection of Magnolia Avenue and Crescent Avenue in Anaheim. Several vehicles were involved in this collision as a result of the initial impact. Victim Orlando Botello, 49, was the driver of one of the cars involved in this collision. He died at the scene. Villalobos caused multiple blunt force trauma injuries to the victim’s head and caused his death. Victim Carlos Butrus, 23, was driving another vehicle. The defendant caused Butrus’ injuries including a broken pelvis, broken ribs, broken shoulder, and ruptured bladder. Butrus required two years of rehabilitative care to recover from his injuries. Serrano, the passenger in the defendant’s car, suffered multiple facial fractures, fractures to his left arm, burns, and required one year of rehabilitative care to recover from his injuries. Both surviving victims suffered major injuries that neither one will fully recover from.
Villalobos had a blood alcohol content of .23 percent, over three times the legal limit. At the time of the arrest, he was on parole in Riverside County.
Today at the sentencing, seven family members gave victim impact statements to the court. They spoke about what an amazing man Botello was and despite being the youngest of eight children he was the rock of the family. They said no matter what Botello was doing, he would drop everything to help his family. They also said the defendant negatively altered the history of their lives.
APD investigated this case. Senior Deputy District Attorney Jennifer Walker of the Homicide Unit prosecuted this case.
Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
Susan Kang Schroeder
Chief of Staff