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Richard David Lavalle, a 64-year-old Long Beach man, was convicted on Thursday of second-degree murder related to a DUI collision that killed Noel Bascon, a 12-year-old boy who was crossing a Costa Mesa street on his bike, on Dec. 6, 2020.
Glen Bascon, the boy’s father, said he and his son were out riding their bikes until about 5 p.m. that day but they opted to return home when they realized it was getting too dark. Bascon said he “triple checked” his son’s reflectors and lights on his bike before they left and kept to the sidewalk when they could because it was safer, according to court testimony.
Bascon told the jury that he was jumping up and down and waving his arms while shouting to get the attention of a driver in a U-Haul pickup truck who was barreling down on his son at Junipero and Arlington Drives in Costa Mesa before it slammed into the boy and killed him. Bascon estimated Lavalle was going between 40 to 50 mph.
Bascon testified that Lavalle, who was on parole at the time, got out of the truck after the collision and he apparently “didn’t realize what he hit.”
Bascon’s son was thrown about 120 feet by the collision. Blood was streaming from the boy’s mouth and he was not breathing.
A nurse and a Costa Mesa police officer tried to revive the victim by doing CPR but they were unable to revive him.
The victim’s mother, Eleanor Bascon, called her son Noel her early Christmas present. He was a 7th grader with a contagious smile who loved gummy candy and going to the beach, according to NBC News. Eleanor and her daughter would have been on the bike ride too but they were at home wrapping Christmas presents.
Senior O.C. Deputy District Attorney Casey Cunningham said that investigators found drugs in the pickup truck. A blood test done at about 11:05 p.m. that evening found Lavalle had 115 nanograms of methamphetamine in his system.
Lavalle was previoulsy convicted in 2013 of driving under the influence in San Diego County, triggering an upgraded charge in this case from manslaughter to murder.
Jennifer Ryan, of the Orange County Public Defender’s Office, Lavalle’s defense attorney, told the jurors that her client “felt awful” when the collision occurred. Lavalle’s wife, who was in the passenger’s seat of the truck, told the police that the methamphetamine found in the vehicle belonged to her, according to Ryan.
Senior Deputy Dist. Atty. Casey Cunningham told the jurors in closing arguments that Lavalle failed a field sobriety test, showing them how he was unable to stand on one leg.
Ryan had an explanation for that. She said that Lavalle told the police officers that he had been working the whole day up on a ladder and had a bad back and hip to explain some of his difficulty standing on one leg and balancing as well as other field sobriety tests.
Ryan also told the jurors that the amount of methamphetamine found in Lavalle’s blood was too low to be quantified by the Orange County Crime Lab.
Ryan’s efforts were for naught as her client was convicted.
“The unimaginable pain that this family is being forced to endure because of the selfish decision of a stranger is unconscionable,” said Orange County District Attorney Todd Spitzer. “I have spent decades advocating for stricter penalties for people who choose to drive under the influence of drugs or alcohol. Now another innocent child has paid the price for someone else’s selfish decision. I am sick and tired of my prosecutors having to go to court to file murder charges against repeat drunk and drugged drivers who have been warned about the consequences – sometimes multiple times. Taking a Sunday bike ride with your dad shouldn’t equate to a death sentence.”
Lavalle has a long criminal history. He was convicted in August of 2009 on armed bank robbery charges in federal court and he was sentenced in April of 2010 to 35 months in federal prison, according to court records. He was returned to prison for another year when he violated terms of supervised release in 2013. He was also convicted of robbery in Los Angeles County in June 2018, according to court records.
Lavalle is facing a very serious sentence in California. Here’s a breakdown of what he could be looking at:
Second-Degree Murder Sentence:
- The standard sentence for second-degree murder in California is 15 years to life in state prison (California Penal Code § 187 & § 190).
Impact of Prior Strikes (California’s Three Strikes Law):
Based on the information provided, the man has two prior “strike” convictions under California’s Three Strikes Law:
- 2009 Federal Armed Bank Robbery: This is considered a serious felony and qualifies as a strike under California law (California Penal Code § 667(d)(1) & § 1170.12(b)(1)).
- 2018 Los Angeles County Robbery: Robbery is also a serious felony and qualifies as a strike under California law.
Because he has two prior strike convictions, the current conviction for second-degree murder would be considered his “third strike.”
Potential Third-Strike Sentence:
Under California’s Three Strikes Law, a third strike conviction for a serious or violent felony results in a significantly harsher sentence:
- The sentence is twice the term otherwise required by law for the new felony. In this case, double the 15-year minimum for second-degree murder.
- The minimum term of the new sentence becomes 25 years to life in state prison (California Penal Code § 667(e)(2)(A) & § 1170.12(c)(2)(A)).
Impact of the DUI Element and Fatality:
While the prior strikes are the most significant factor in this case, the fact that the murder occurred during a DUI resulting in death is also a crucial element. While there isn’t a separate “DUI murder” charge, the circumstances of the crime are considered during sentencing. The judge will likely consider the following:
- The loss of a child’s life: This is a profoundly aggravating factor that will weigh heavily in the sentencing decision.
- The fact that the defendant was driving under the influence of drugs (methamphetamine was detected): This demonstrates a reckless disregard for human life.
- His prior DUI conviction (from 2013): This shows a prior history of impaired driving, making the current offense even more egregious.
Potential Enhancements:
It’s possible the prosecution could have pursued or the judge could consider additional enhancements to the sentence based on the DUI and the victim’s vulnerability (a child). However, the Three Strikes Law already mandates a very severe penalty.
Likely Sentence:
Given his two prior strike convictions and the conviction for second-degree murder in a DUI collision that killed a child, the man is highly likely to receive a sentence of 25 years to life in state prison under California’s Three Strikes Law. The judge has limited discretion to deviate significantly from this minimum sentence due to the mandatory nature of the Three Strikes Law for third-strike offenders convicted of a serious or violent felony.
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