Five people who were injured in Boulevard while being smuggled into the U.S. testified Feb. 7 in the triple murder case against the alleged driver in the incident in which three people were killed in a crash.
Because the five witnesses were passengers in the truck driven by Luis Alberto Virgen, 21, they might not be available to testify later, so they were called as part of a conditional exam in El Cajon Superior Court.
Virgen is charged with three counts of second-degree murder, three counts of gross vehicular manslaughter, and seven counts of reckless driving causing injury.
Deputy District Attorney Clayton Carr said the defendant had a right to confront and cross examine witnesses against him. He said having a conditional exam ensures his right to have his attorney question the witnesses who may not be available at the June 3 preliminary hearing.
The prosecutor said the five witnesses are scheduled to leave the state. It is believed they are unlawful immigrants.
Virgen refused to pull over after Border Patrol agents at tempted to stop his vehicle after it got onto Interstate 8 from Buckman Springs Road.
Virgen was weaving in and out of traffic at speeds up to 100 mph at times with the Border Patrol following. A spike strip was placed on the road and his truck drove over it while it was raining.
The vehicle overturned, ejecting all 10 people east of Crestwood Road on a dirt and rock embankment.
Erika Gonzalez-Cardoso, 38, was killed from multiple blunt force injuries. Two men, ages 34 and 22, were also killed, but their names have not been released.
Carr said Virgen is charged with murder because he acted with conscious disregard for life.
Virgen has pleaded not guilty and remains in jail on $3 million bail.
