Press Release
FOR IMMEDIATE RELEASE
Date: March 29, 2007

Contact person(s):

Media Coordinator, Donna Edwards - 565-3099 Media Spokesperson, Assistant District Attorney Christine Cook

Santa Rosa, Sonoma County, California

DRUNK DRIVER CONVICTED OF SECOND DEGREE MURDER
FOR KILLING INNOCENT MOTORIST

District Attorney Stephan Passalacqua announced today that a Sonoma County Jury returned a verdict of Guilty in the second degree murder case of People. vs. Arnold Silva for the killing of Marian Loise Tumbaga on January 9, 2006. The case was tried before the Honorable Judge Rene Chouteau in the Sonoma County Superior Court.

Ms. Tumbaga is survived by her ex-husband Mark Tumbaga, her nine-year-old son Calvin Tumbaga, her mother Edna Slavin, and her four siblings.

District Attorney Passalacqua said: “Our hearts go out to the family of Marian Loise Tumbaga. The second degree murder verdict returned by a Sonoma County jury is entirely appropriate under these tragic circumstances where an innocent victim has been killed by someone who chose yet again to drive while under the influence of alcohol.”

Mr Silva was convicted of committing the murder of Marian Loise Tumbaga while driving under the influence of alcohol. He ran into the rear of Ms. Tumbaga's vehicle at a high rate of speed while both vehicles were Northbound on Highway 101 near the town of Windsor in Sonoma County. Mr. Silva had previously been convicted of six driving under the influence cases between 1987 and 1999. These prior convictions supported the murder conviction based on the theory that Mr. Silva was aware of the risk that he could kill someone if he drove while intoxicated and he chose to disregard that risk.

The jury also found Mr. Silva guilty of vehicular manslaughter with gross negligence while intoxicated and leaving the scene of an accident causing death. Since Mr. Silva has a "strike "conviction in his past, he is now facing a sentence of 37 years to life.

Deputy District Attorney Barry McBride was the prosecutor assigned to the case. He was assisted by District Attorney Investigators Greg Phillips and Ken Pistorio, Legal Secretary Jennifer Zunino, Legal Assistants Dava Kohlman and Trina Smith, and Victim/Witness Advocate Charlotte Stafford. California Highway Patrol Sgt. Robert Mota was the lead investigator for the case.