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.
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| 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.
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:
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.
