Berkeley Man Charged With Murder

OAKLAND, CA — A Berkeley man was charged with murder and gross vehicular manslaughter while intoxicated for allegedly striking and killing a pedestrian on Interstate Highway 880 in Oakland early Sunday morning.

According to the California Highway Patrol, Maury Butler, 56, who was driving a white Lexus, struck a driver who had gotten out of his vehicle after a two-car collision on northbound Highway 880 just south of 66th Avenue at about 2:25 a.m. on Sunday. CHP officials said Butler was pulled over after striking the victim, later identified as 19-year-old Jesaun Benson-Garrett of Oakland, and was found to be driving under the influence.

Officer Herman Baza said the collision was Butler's fourth arrest for DUI and he was driving with a suspended license.

Officer Carlos Rios wrote in a probable cause statement that he and another officer who contacted Butler "detected a strong odor of an alcoholic beverage from Butler's person at the scene."

Rios said Butler told him he hadn't consumed any alcoholic beverages prior to driving but earlier told another officer that he had consumed one beer. Rios wrote that when he spoke with Butler, "I could smell the overwhelming odor of an alcoholic beverage emitting from his breath and person" and that "his eyes were red and watery and his speech was slurred."

Rios said he conducted a series of field sobriety tests on Butler but Butler was unable to perform the tests as they had been explained and demonstrated to him.

Butler was arraigned Tuesday and will return to court later this week to potentially enter a plea.

— Bay City News; Image by Renee Schiavone, Patch