A 59-year-old San Juan Capistrano man behind bars on suspicion of a DUI hit-and-run collision that killed a 13-year-old boy was scheduled to appear in court Thursday on a probation allegation for his prior DUI convictions.
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Bradley Gene Funk, 59, was booked Tuesday on suspicion of hit-and-run, driving under the influence and second-degree murder because he had a prior conviction for DUI, according to Sgt. Lizbeth Gwisdalla of the Orange County Sheriff's Department.
The victim was identified as 13-year-old Luis Adrian Morales-Pacheco of San Juan Capistrano, Gwisdalla said.
Funk accepted a plea deal on July 22, 2021, that resolved two DUI cases against him, according to court records. He was on probation until July 21, 2026, as part of the deal.
Funk pleaded guilty to misdemeanor hit-and-run with property damage and driving under the influence of alcohol for an incident July 13, 2020, according to court records. He also pleaded guilty to driving under the influence of alcohol on July 10, 2020, according to court records.
Both DUI cases occurred in San Juan Capistrano with sheriff's authorities arresting him in one case and the California Highway Patrol in the other, according to court records.
As part of his plea deal, he was sentenced to 240 days in jail with 180 days stayed pending completion of his probation. He was also ordered to complete an 18-month multi-offender alcohol program.
Whenever defendants are convicted of DUI they are given what is known was a Watson Advisory, which warns them that if they are caught driving under the influence again and someone is killed they face an upgraded charge from voluntary manslaughter to second-degree murder. A manslaughter conviction carries a set time in prison as punishment, but a murder defendant can only go free by winning parole.
According to the OCSD, deputies responded at about 8:20 a.m. Tuesday to Dana Point Harbor Drive and Park Lantern on a report of a crash involving a vehicle and a pedestrian.
"Deputies located the juvenile victim with pretty severe injuries," Gwisdalla said.
Sheriff's officials said the driver apparently drove onto a curb and struck the boy, who was walking to school with his brother, who was not injured.
Funk fled after striking the boy, but witnesses helped deputies identify and locate the driver about two or three miles away from the crash scene, Gwisdalla said.
"Unfortunately, the 13-year-old boy was pronounced dead (at a) hospital," Gwisdalla said.
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