Driver Learns Fate for Killing Father of 5

By Michelle Wayland
|  Friday, Mar 11, 2011  |  Updated 12:38 PM PDT
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On Aug. 20, <a title=Marc Durham, 65, was killed by a drunk driver while sitting in his 2002 Toyota at the intersection of Camino Del Norte and Carmel Mountain Road. Jurors convicted the driver of gross vehicular manslaugher while intoxicated. Anthony Guarino, 57, had a blood alcohol level nearly twice the legal limit." />

On Aug. 20, Marc Durham, 65, was killed by a drunk driver while sitting in his 2002 Toyota at the intersection of Camino Del Norte and Carmel Mountain Road. Jurors convicted the driver of gross vehicular manslaugher while intoxicated. Anthony Guarino, 57, had a blood alcohol level nearly twice the legal limit.

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A man who killed a father of five after drinking 11 shots of whiskey and claiming to fall asleep at the wheel has learned his fate.

Anthony Guarino, 57, was sentenced Friday to six years in prison after being convicted of gross vehicular manslaughter while intoxicated and DUI charges in the death of 65-year-old Marc Durham.

Durham was sitting in his 2002 Toyota at the intersection of Camino Del Norte and Carmel Mountain Road on Aug. 20 when Guarino hit him after plowing into a line of cars, injuring five others including a nine-year-old boy.

Durham had just retired a week earlier as head of security for BAE Systems and was on his way to see a movie when he was killed.

Prosecutors said Guarino had a blood alcohol level nearly twice the legal limit.

During trial, his defense attorney said it was actually sleep apnea that caused Guarino to fall asleep at the wheel, not alcohol.

"I may not be the smartest person or a doctor, but I know when you've consumed nine to 11 drinks, it's called passing out," said the victim's daughter Melissa Durham.

A San Diego jury convicted Guarino on several counts including gross vehicular manslaughter while intoxicated.

Guarino showed no emotion when the verdict was read.

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