Driver Was Drunk Not Sleepy: Jurors

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    NEWSLETTERS

    Elaine Durham is finding it too difficult to live without her husband of 43 years, Marc.

    "Some days I wake up and put my hand on his side of the bed and the first thing that comes to my mind is, 'I don't want to do this anymore,'"she said about her late husband.

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    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. (Published Friday, Jan 21, 2011)

    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.

    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.

    The driver of the BMW that killed Durham had plowed into a line of cars, injuring five others including a nine year old boy.

    Prosecutors said the driver, Anthony Guarino, 57, had a blood alcohol level nearly twice the legal limit.

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    Marc Durham recently retired. He had plans to create memories with his wife, their five children and nine grandchildren. Now all they have left are memories of the man they called the rock of the family. (Published Thursday, Aug 26, 2010)

    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.

    On Thursday, a San Diego jury convicted Guarino on several counts including gross vehicular manslaughter while intoxicated.  He could get up to 13 years in state prison when sentenced on March 11.

    "You can call it manslaughter or whatever you want to call it, but it's still comes back to the same thing, it's murder,"said Elaine Durham.

    Guarino showed no emotion when the verdict was read. Guarino faces 13 years in prison. He'll be sentenced March 11.