Suspect in deadly CMR crash pleads not guilty

SAN DIEGO (CNS) — A motorist who was allegedly drunk when his BMW slammed into the back of a car slowing for a red light — killing a just-retired Rancho Bernardo resident — pleaded not guilty Wednesday to felony charges of DUI and gross vehicular manslaughter while intoxicated.

Anthony Guarino, 57, was ordered held on $100,000 bail.

Deputy District Attorney Chandelle Konstanzer told Judge David Szumowski that 65-year-old Marc William Durham was eastbound on Camino del Norte and was slowing for a red light at Carmel Mountain Road around 9 p.m. when his car was rear-ended by the BMW, setting off a chain-reaction involving four other vehicles.

Eight people were in those four other cars, and six of them — including one child — were injured, the prosecutor said.

Guarino’s blood-alcohol level was measured at .15 percent after the crash, nearly twice the legal limit for driving, according to the prosecutor.

Konstanzer said her office is investigating how fast Guarino was going at the time of the crash and whether he tried to stop at all.

The victim — a security chief for General Dynamics — had been retired for one week and was on his way to the movies when he was killed. (See related story on this site, under Local News.)

“There’s no room in our heart for hate,’’ Durham’s wife, Elaine, said outside the courtroom. “I need that space to love my family and my friends. I have a daughter with breast cancer, she’s just been diagnosed, and I need to put my focus on her, not him (Guarino).’’

The victim’s family said they will trust in the justice system to deal with the defendant.

“There are no winners in this situation, there are losers on every side of the fence,’’ said Debbie Critchfield, the oldest of Durham’s five children, who said her breast cancer is a “fixable thing.’’

She said her father took the brunt of the impact and saved others from being more seriously injured.

“Knowing our dad like we did, and those that knew him, if he were going to go out in a way that could help someone else, he would do it,’’ Critchfield said.

Some of the defendant’s relatives cried and hugged as they came out of the arraignment.

“Our family is praying for their family,’’ one of his family members said.

“My dad is heartbroken,’’ Guarino’s daughter added.

Guarino — who has no prior record — faces more than 13 years in prison if convicted, the prosecutor said.

A status conference was set for next Wednesday and a preliminary hearing for Sept. 8.