Shelley Lubben's Boyfriend Now Faces Mandatory Consecutive 5-Year Prison Term for Fleeing Crash Scene

Joe Valley, charged in a November 2017 DUI collision, remains unlikely to be able to plea bargain

Shelley Lubben, Valley's lover and owner of the car that struck and killed a 51-year-old cyclist, did not bother to attend Thursday's hearing 

Porterville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader and minister Shelley Lubben, was back in Tulare County Superior Court Thursday morning, February 8, three months after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben ranch property and fled the scene, according to witnesses.

Valley faces two felony charges -- Gross Vehicular Manslaughter While Intoxicated, and Hit And Run Driving -- in connection with the fatal collision.

Joseph Valley. Courtesy: Tulare County Sheriff's Office

Thursday, Valley was re-arraigned in conjunction with an amended criminal complaint, which added the "Special Allegation" of Fleeing The Scene of the Crime. 

Under the California Vehicle Code, individuals who are convicted of Gross Vehicular Manslaughter who also fled the scene of the crash face a mandatory consecutive five-year state prison sentence. 

Prosecutors specifically allege a violation of subdivision (c) to ensure that they have provided a defendant adequate notice under the Sixth Amendment to the U.S. Constitution that he faces the mandatory consecutive five year term. (Thus, the "Special Allegation" in the Amended Complaint against Valley.)

DUI

Witnesses say Joe Valley was already intoxicated when he arrived at a local bar prior to the crash, and was cut off from ordering more alcohol before he allegedly ran down the cyclist while driving Shelley Lubben's car. 

Valley's mother, Christina, maintains that Lubben had been feeding Joe wine and prescription pills prior to the crash.

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. on Nov. 7.

According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a silver 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision. The cyclist died at the scene.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail. District Attorney Tim Ward later filed criminal charges against Valley, upping his bail to $145,000. Joe Valley is being held at the Adult Pre-Trial Facility in Visalia.

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

"I honestly think she [Shelley Lubben] was driving, always drinking and driving," Mrs. Valley said. She went on to say that she believes Joe may be taking the fall out of some sense of duty to the woman he believes loves him.

A 'serious felony'

The criminal complaint filed by the Tulare County district attorney charges Valley with felony hit-and-run driving resulting in death or serious bodily injury to another person, as well as the 'serious felony' gross vehicular manslaughter while intoxicated.

The California Penal Code stipulates:

1192.7. (b) Plea bargaining in any case in which the indictment or information charges any serious felony, ... or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited....

1192.8. (a) For purposes of subdivision (c) of Section 1192.7, "serious felony" also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice. . . . 

In addition, the complaint against Valley states that "the People hereby put the defendant on notice that the aggravated sentence may be sought in this case." 

California's “three strikes” law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies. The law also limits the ability of these offenders to receive a punishment other than a life sentence.

Valley does indeed have a prior criminal record.

Shelley Lubben and Joe Valley met when her husband hired him to work at the Springville property in the spring of 2015. Shelley began an affair with Valley, and her husband later filed for divorce.

On Christmas Eve 2015, Lubben phoned 911 and reported that Valley had sexually assaulted and battered her. She later recanted the sexual assault claim, but Valley served 90 days for domestic battery in Porterville. Further charges by Lubben led to additional minor convictions for Valley.

In Porterville, Thursday, the court also held a brief pre-trial hearing on three probation violations stemming from his prior convictions. The terms of Valley probation(s) were violated by his DUI hit-and-run arrest last November 7.

Valley returns to Tulare County Superior Court March 1, at 8:30 a.m.  He is currently being held on bail.

UPDATE: Valley’s case has been continued to the morning of March 15, 2018.

Shelley Lubben Gave Wine and Xanax to Boyfriend Charged in DUI, Says His Mom

Joe Valley's mother thinks Shelley Lubben is complicit in the tragedy, and even suspects that Joe might be taking the fall for Shelley!

Porterville, Calif. -- Defendant Joseph Valley was led into Tulare County Superior Court December 7, at a preliminary hearing in the case of the hit and run death of cyclist Octavio Munguia. Valley is charged with Gross Vehicular Manslaughter While Intoxicated, a felony, in the fatal Nov. 7 collision.

Valley was on probation at the time of the deadly collision, so at Thursday's hearing, the court also considered three probation violations that were triggered by Valley's arrest last month.

Readers may recall that disgraced anti-porn crusader Shelley Lubben called 911 and accused Valley, then her boyfriend, of rape and domestic violence on his 26th birthday (Christmas eve) in 2015.  Valley was arrested and later was able to plead to one count, while the others were dismissed. 

His charge of domestic battery lowered to misdemeanor-level, Valley was sentenced to 90 days in jail, with credit for time served, given probation, and released on March 22, 2016.

However, in court, Thursday, discussion of Valley's probation violations brought to light two additional convictions of Valley's in 2016, during his relationship with Shelley Lubben.

On June 26, 2016, Joe Valley was arrested for the crime of Possession of a Controlled Substance after being found to have a quantity of Alprazolam, a drug marketed under the name Xanax, without a prescription.

Xanax is a potent, short-acting benzodiazepine anxiolytic—a tranquilizer.

Where would Joe Valley obtain Xanax without a prescription? According to Joe's mother, Christina Valley, he got the pills from Shelley Lubben.

This narrative corresponds with Garrett Lubben's recollection as well: in August 2015, when Garrett visited the ranch property in Springville that he then co-owned, he personally saw bottles of Xanax at Shelley's residence that she had purchased in Mexico. He has never known Shelley to hold a valid prescription for Xanax.

These drugs were alluded to in Garrett's affidavit in support of a restraining order he sought in July 2016 to protect himself and his daughters from Shelley.

A fatal collision

"He's a young man that just wanted to be loved and to love back," Valley said of her son's volatile relationship with Shelley Lubben. "She fed him wine and pills!"

"My son never really went to jail before her, some drunk in public, panhandling that sort of stuff," she added. And indeed it is true that, like others before him, Joe Valley's life took an unfortunate turn after hooking up with this pill-popping narcissist.

The deadly hit-and-run crash occurred on Balch Park Road near Battle Mountain Road in Springville at around 4:40 p.m., November 7.

According to the California Highway Patrol, Valley hit the 51-year old cyclist while driving a silver 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision. The cyclist died at the scene.

A blood draw revealed Valley’s blood alcohol content at .26 percent, the District Attorney’s Office said. That was more than three times the legal limit of .08 percent.

The mystery surrounding the provenance of the vehicle, and how Valley, whose license had been suspended for failure to make child support payments, had gotten back on the road, was settled by Mrs. Valley.

"[Shelley] paid the the the money to get my son's license back," Mrs. Valley said. "She paid everything: insurance, bought [the car], in her name. She paid for the insurance, also.

"I remember she said something about insurance only covers up to $1000.00, [the victim's family] won't be able to get anything else [from the insurer]." If that coverage limit is accurate, this suggests Shelley Lubben will personally be on the hook for a substantial sum of money.

"I honestly think she was driving, always drinking and driving," Mrs. Valley said. She believes that Joe may be taking the fall out of some sense of duty to the woman he believes loves him.

Lubben and Valley met when her husband hired him to work at the Springville property in the spring of 2015. Shelley soon began an affair with Valley, and her husband later filed for divorce.

Christina Valley views Lubben as a manipulative predator: "When I first heard about her and how they came to be, I cried. She found a man with emotions and needs of a lonely boy, desperate to belong somewhere, to someone he can say it's real. . . . I see the text[s] that were sent between her and Garrett; as seems to me, [it] went just the way she wanted it to."

The other conviction

On April 13, 2017, Shelley Lubben got Joe arrested again. 

Even though he had moved back in with Shelley following his release from jail in March 2016, and she regularly posted photos of the couple out and about, taking road trips to Las Vegas, and even at a polling place on Election Day 2016, there was a criminal protective order -- a stay away order -- in place that legally prevented him from being around her. At risk to Joe's freedom, the couple ignored the order.

Something Joe said or did must have provoked Shelley's ire on April 13, and Joe was again taken into custody.

Joe Valley's next court date is scheduled for 8:30 am on January 18, 2018. We will be providing continuing coverage of the case as it unfolds.

GoFundMe Campaign for Family of Cyclist Police Say Was Killed By Shelley Lubben's Boyfriend

Visalia, CA -- A GoFundMe campaign has been established to help the family of Octavio Munguia, 51, the cyclist who authorities say was run down by drunk driver Joe Valley on November 7, 2017.

The fatal hit-and-run collision occurred down the road from where Valley, 27, resides with his girlfriend, disgraced anti-porn crusader Shelley Lubben, 49.

Munguia is survived by his beloved wife, Maria Elena, his daughter Jessica, his son Alexander, his brother Juan Pablo, and three grandchildren.

Maria and Octavio Munguia

According to the , Maria Munguia was tracking her husband's ride through a smartphone application when she noticed something was wrong. Immediately, she reached out to her two children. 

“When my cousins showed up on scene, the first responders were already there," said Laura Cuadros, Munguia's niece.  

Ten days later, Octavio Munguia's friends and loved ones are still in shock after receiving news of his sudden death.  

Munguia's son, Alex Munguia, said two years ago his father began exercising. His favorite way to stay fit was cycling. 

"He really loved it," Alex Munguia said. "It became a passion for him." 

Ben Blankenship, a member of Southern Sierra Cyclist Club, said that in the past two months, Munguia had accomplished great feats in his cycling career.  

In October, Octavio cycled 345 miles, which included the San Luis Obispo Lighthouse Century, riding 100 miles between Morro Bay, Atascadero, and San Simeon — he climbed more than 7,300 in elevation.

It was his biggest cycling endeavor and accomplishment.

"Octavio was riding more and more, and picking up new cycling friends with every ride," Blankenship said. "In total, Octavio had ridden over 3,500 miles and climbed more than 77,000 in elevation this year."

The monies collected by the GoFundMe fundraiser will go directly to Octavio Munguia’s wife and children to help them transition to life without him. Please help them make every effort to not lose the home they shared with their beloved husband, father, grandfather, uncle, and friend.

Donations may be made here: gf.me/u/d5apxu

In Wake of Shelley Lubben Boyfriend's Hit-and-Run, Porterville Announces DUI Checkpoint

DUI/Driver’s License Checkpoint Planned this Weekend

Porterville, CA – The Porterville Police Department Traffic Unit will be conducting a DUI/Driver’s License Checkpoint on November 17, 2017, at an undisclosed location within the city limits between the hours of 8:30 p.m. to 2:30 a.m. 

In recent years, California has seen a disturbing increase in drug-impaired driving crashes. On Nov. 7,  Joe Valley, the live-in boyfriend of disgraced anti-porn crusader Shelley Lubben, was arrested after he allegedly struck and killed a 51-year old cyclist on Balch Park Road after leaving a Porterville bar.

The Porterville Police Department supports the new effort from the Office of Traffic Safety that aims to educate all drivers that “DUI Doesn’t Just Mean Booze.” If you take prescription drugs, particularly those with a driving or operating machinery warning on the label, you might be impaired enough to get a DUI. 

Marijuana can also be impairing, especially in combination with alcohol or other drugs, and can result in a DUI.

The deterrent effect of High Visibility Enforcement using both DUI checkpoints and DUI Saturation Patrols has proven to lower the number of persons killed and injured in alcohol or drug impaired crashes. Research shows that crashes involving an impaired driver can be reduced by up to 20 percent when well-publicized proactive DUI operations are conducted routinely. 

DUI Checkpoints like this one are placed in locations based on collision statistics and frequency of DUI arrests, affording the greatest opportunity for achieving drunk and drugged driving deterrence.

In California, alcohol involved collisions led to 1,155 deaths and nearly 24,000 serious injuries in 2014 because someone failed to designate a sober driver. Over the course of the past three years Porterville PD officers have investigated 101 DUI collisions which have claimed 0 lives and resulted in another 50 injuries.

Officers will be looking for signs of alcohol and/or drug impairment, with officers checking drivers for proper licensing, delaying motorists only momentarily. When possible, specially trained officers will be available to evaluate those suspected of drug-impaired driving, which now accounts for a growing number of impaired driving crashes. 

Shelley Lubben and Joe Valley on the road.

The consequences of driving under the influence can be grave. Drivers caught driving impaired can expect the impact of a DUI arrest to include jail time, fines, fees, DUI classes, license suspensions and other expenses that can exceed $10,000 not to mention the embarrassment when friends and family find out.

There is also the human cost: The cyclist struck by Joe Valley's PT Cruiser died from his injuries. The criminal complaint filed Nov. 9 by the Tulare County district attorney charges Valley with felony hit-and-run driving resulting in death or serious bodily injury to another person, as well as the 'serious felony' gross vehicular manslaughter while intoxicated.

According to innumerable sources, as well as her ex husband's on-the-record affidavit, area resident Shelley Lubben is a heavy daily drinker with a marijuana card who takes an obscene amount of prescription pills, and other pharmaceuticals she acquired in Mexico.

Drug related crashes

Studies of California drivers have shown that 30 percent of drivers in fatal crashes had one or more drugs in their systems. A study of active drivers showed more tested positive for drugs that may impair driving (14 percent) than did for alcohol (7.3 percent). Of the drugs, marijuana was most prevalent, at 7.4 percent, slightly more than alcohol. Everyone should be mindful that if you’re taking medication – whether prescription or over-the-counter – drinking even small amounts of alcohol can greatly intensify the impairment affects. 

Drivers are encouraged to download the Designated Driver VIP, or “DDVIP,” free mobile app for Android or iPhone. The DDVIP app helps find nearby bars and restaurants that feature free incentives for the designated sober driver, from free non-alcoholic drinks to free appetizers and more. The feature-packed app even has social media tie-ins and even a tab for the non-DD to call Uber, Lyft or Curb.

Funding for this checkpoint is provided to Porterville Police Department by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration, reminding everyone to ‘Report Drunk Driver – Call 9-1-1.

Joe Valley Faces Prosecution For 'Serious Felony': Criminal Complaint

Shelley Lubben's boyfriend will likely be unable to plea bargain

Springville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader and minister Shelley Lubben, faces two felony charges in Tulare County Superior Court.

Valley was arrested Tuesday Nov. 7 after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben ranch property. 

Witnesses say Joe Valley was already intoxicated when he arrived at a local bar, and was cut off from ordering more alcohol before he allegedly ran down the cyclist driving Shelley Lubben's car and fled the scene.

Joseph Valley. Courtesy: Tulare County Sheriff's Office

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. Tuesday.

According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a silver 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision. The cyclist died at the scene.

A United Parcel Service driver had discovered Mr. Muguia in the road. After witnesses reported seeing a PT Cruiser with a broken windshield and significant front end damage, the UPS driver directed law enforcement to a nearby house where a PT Cruiser was normally parked: the Lubben Ranch.

Highway Patrol officers discovered Valley on the ranch property, and he explained that the damage too the vehicle was the result of hitting an animal.

The CHP officers arrested Valley and took him to jail. But because Lubben had already left, they were initially unable to interview her.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail.

A blood draw revealed Valley’s blood alcohol content at .26 percent, the District Attorney’s Office said. That was more than three times the legal limit of .08 percent.

District Attorney Tim Ward later filed criminal charges against Valley, upping his bail to $145,000. Joe Valley is being held at the Adult Pre-Trial Facility in Visalia.

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

A 'serious felony'

The criminal complaint filed Nov. 9 by the Tulare County district attorney charges Valley with felony hit-and-run driving resulting in death or serious bodily injury to another person, as well as the 'serious felony' gross vehicular manslaughter while intoxicated.

The California Penal Code stipulates:

1192.7. (b) Plea bargaining in any case in which the indictment or information charges any serious felony, ... or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited....

1192.8. (a) For purposes of subdivision (c) of Section 1192.7, "serious felony" also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice. . . . 

In addition, the complaint against Valley states that "the People hereby put the defendant on notice that the aggravated sentence may be sought in this case." 

California's “three strikes” law significantly increases the prison sentences of persons convicted of a felony who have been previously convicted of two or more violent crimes or serious felonies. The law also limits the ability of these offenders to receive a punishment other than a life sentence.

Valley does indeed have a prior criminal record.

Lubben and Valley met when her husband hired him to work at the Springville property in the spring of 2015. Shelley began an affair with Valley, and her husband later filed for divorce.

On Christmas eve 2015, Lubben phoned 911 and reported that Valley had sexually assaulted and battered her. She later recanted the sexual assault claim, but Valley served 90 days for domestic battery in Porterville.

The complaint

Joe Valley appeared in court Nov. 17 for a preliminary hearing setting. His next court date will be December 7, one month after the car he drove struck and killed the cyclist on Balch Park Road.

Shelley Lubben's Boyfriend Drank at Local Bar Before Fatal Hit-and-Run

Joe Valley was already intoxicated when he arrived, say locals

Springville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader and minister Shelley Lubben, drank at a local bar before he allegedly ran down a motorist and fled the scene, according to sources in Springville.

Joe Valley

Valley was arrested Tuesday Nov. 7 after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben ranch property. He is charged with gross vehicular manslaughter while intoxicated and hit-and-run driving, resulting in death or serious bodily injury to another person.

According to a patron of The Antlers Roadhouse, Joe Valley came into the bar that day already intoxicated, drank a shot of alcohol and was "cut off" by the bartender because he was so drunk.

Valley then attempted to leave without paying. The bartender followed him outside to have Joe pay the cheque.

Witnesses say Valley was "pretty drunk" by time he left the bar to head home.

Shelley stops by

The Antlers, located at 30990 Highway 190, Porterville, stands 16 miles down the road from the collision site.

When Shelley Lubben visited the bar today, Nov. 13 (after the original version of this article had been posted), employees informed her that Valley was already intoxicated when he arrived last Tuesday. They also mentioned that he had used Shelley's credit card to pay for his drink.

How well must this establishment know Shelley and Joe to permit him to use her card? According to a source, Shelley and Joe have been known to come in before,  adding that they would drink "a lot" and "she would dance like a stripper."

Lubben (accompanied by a local gal pal who had previously been 86'd from the bar) "acted surprised" to learn that Joe had already been drinking. Shelley claimed that he had stolen her card.

Yet, somehow it took Shelley nearly a week to investigate.

By distancing herself from Joe and proclaiming herself a victim, it appears that Shelley believes she can avoid being ostracized in the community.

Hit and run

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. Tuesday. According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision.

The cyclist died at the scene.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail. District Attorney Tim Ward later filed criminal charges against Valley, and at his arrangement Nov. 9, his bail was increased to $145,000. He is currently being held at the Adult Pre-Trial Facility in Visalia.

Shelley Lubben and Joseph Valley on the road

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

Lubben and Valley met when her husband hired him to work at the Springville property in the spring of 2015. Shelley began an affair with Valley, and her husband later filed for divorce.

On Christmas eve 2015, Lubben phoned 911 and reported that Valley had sexually assaulted and battered her. She later recanted the sexual assault claim, but Valley served 90 days for domestic battery in Porterville.

[This post was updated and modified from its original version.]

Shelley Lubben's Boyfriend Arrested for Vehicular Manslaughter and DUI Near Their Home

Springville, Calif. -- Joseph Valley, the live-in boyfriend of disgraced anti-porn crusader Shelley Lubben, was arrested Tuesday Nov. 7 after he allegedly struck and killed a 51-year old cyclist less than 2 miles from the Lubben Ranch property.

He is charged with gross vehicular manslaughter while intoxicated and hit-and-run driving, resulting in death or serious bodily injury to another person.

Joseph Valley. Courtesy: Tulare County Sheriff's Office

The hit-and-run collision occurred at Balch Park Road and Battle Mountain Road in Springville at around 4:40 p.m. Tuesday.

According to the California Highway Patrol, 27-year-old Valley hit the cyclist while driving a 2005 Chrysler PT Cruiser with a convertible top. A witness at the scene saw Valley take off "up Balch Park Road to his house" after the collision. The cyclist died at the scene.

On Facebook, the witness claimed the car's "windshield had big spider web crack and [its] hood had big dent all on [the] drivers side."

Authorities initially asked for the public's help in locating the vehicle and its driver. The car had been described by the witness as a silver PT Cruiser which had suffered "front-end damage and was possibly missing the front bumper." However, CHP were able to catch up with and arrest Valley on suspicion of DUI and hit-and-run two hours after responding to the collision.

Valley, who has a prior criminal record, was booked later that night, and held on $100,000 bail. District Attorney Tim Ward later filed criminal charges against Valley, upping his bail to $145,000. He is being held at the Adult Pre-Trial Facility in Visalia.

The charges were followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers.

"No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime."

District Attorney Tim Ward later filed criminal charges against Valley.  He was arraigned Nov. 9, and his bail was increased to $145,000. Valley is being held at the Adult Pre-Trial Facility in Visalia.

The filing of charges was followed by Ward's announcement of a $153,620 California Office of Traffic Safety grant. The grant will be used to help prosecute cases of drunken and impaired drivers. No one should be injured or lose their lives due to the reckless and risky behavior of a drunk driver," said Ward. "We look forward to continuing our focus on prosecuting this dangerous and avoidable crime." According to police, an unnamed 51-year old Visalia man was riding a Trek bicycle southbound on Black Park Rd., north of Yokohl Valley Rd.,when he was struck by a passing car. It was reported that Valley was driving northbound on Balch Park Rd. toward the Lubben Ranch. Valley approached a curve in the road and for unexplained reasons the PT Cruiser crossed the sold double-yellow lines and entered into southbound lanes before colliding with the bicyclist. 

Valley failed to stop and render aid, leaving the victim with fatal injuries. He then kept on going up the road.

The Balch Park area is a draw for local cyclists. 

The Porterville Recorder reported Nov. 9 that "CHP believes alcohol may have been a factor in this collision."

More details on the criminal case against Joe Valley will be forthcoming.

Valley will return to court for a preliminary hearing setting 8:30 a.m. Friday in Department 17 of the Tulare County Superior Court, South County Justice Center in Porterville. 

Below is the relevant section of the California Penal Code:

Vehicular Manslaughter 

Penal Code § 191.5. (a) Gross vehicular manslaughter while intoxicated is the 
unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence. 

(b) Vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the driving was in violation of Section 23140, 23152, or 23153 of the Vehicle Code, and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, but without gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, but without gross negligence. 

(c) (1) Except as provided in subdivision (d), gross vehicular manslaughter while intoxicated in violation of subdivision (a) is punishable by imprisonment in the state prison for 4, 6, or 10 years. 
(2) Vehicular manslaughter while intoxicated in violation of subdivision (b) is punishable by imprisonment in a county jail for not more than one year or by imprisonment in the state prison for 16 months or 2 or 4 years. 

(d) A person convicted of violating subdivision (a) who has one or more prior convictions of this section or of paragraph (1) of subdivision (c) of Section 192, subdivision (a) or (b) of Section 192.5 of this code, or of violating Section 23152 punishable under Sections 23540, 23542, 23546, 23548, 23550, or 23552 of, or convicted of Section 23153 of, the Vehicle Code, shall be punished by imprisonment in the state prison for a term of 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce the term imposed pursuant to this subdivision. 

(e) This section shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290. 

(f) This section shall not be construed as making any homicide in the driving of a vehicle or the operation of a vessel punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. 

(g) For the penalties in subdivision (d) to apply, the existence of any fact required under subdivision (d) shall be alleged in the information or indictment and either admitted by the defendant in open court or found to be true by the trier of fact.