Zachary Tomas Bernal (32) sentenced to 7 years in state prison for DUI hit and run causing the death of 11-year-old Jose
Author: District Attorney
Date: 6/25/2025 5:07 PM
District Attorney Dan Dow announced today that Zachary Tomas Bernal (DOB 05/13/1993) of Atascadero has been sentenced to seven years in state prison, for the crimes of vehicular manslaughter while impaired by drugs, hit and run resulting in death, and possession of fentanyl.
On May 21, 2025, Bernal pleaded guilty to all charges and enhancements on the criminal complaint including vehicular manslaughter while intoxicated, hit and run resulting in death, and possession of fentanyl. Bernal admitted an additional allegation that he fled the scene after committing the crime of vehicular manslaughter while intoxicated. This admission subjected him to an additional five years of incarceration. Bernal entered his guilty pleas “open” to the court without any agreement on what his sentence would be. Based on the crimes he pled guilty to; Bernal faced a maximum sentence of nine years.
The crimes occurred on March 15, 2025, shortly before 3 p.m. when Bernal, while driving under the influence of fentanyl, drove onto the sidewalk striking and killing 11-year-old Jose. At the time of the collision Jose was walking with his friend, Orlando. Immediately before the collision, Jose exclaimed “mira” (Spanish for look or look out). Orlando was able to quickly move and avoided being struck. Bernal fled the collision scene and abandoned his vehicle.
He was apprehended four and a half hours later by the Atascadero Police Department. Personal use quantities of fentanyl were found in Bernal’s abandoned vehicle and in his proximity when arrested. A Drug Recognition Evaluation was conducted on Bernal and the evaluation results indicated he was under the influence of controlled substance(s). A forensic blood test was taken about 8 hours after the fatal collision revealing a high level of fentanyl and a lesser level of methamphetamine in his blood. It is believed that Bernal used fentanyl prior to the collision and again used fentanyl and methamphetamine after the collision.
At the sentencing hearing the judge heard victim impact statements from Jose’s father, mother, and aunt describing the devastating affects of the crimes. Bernal addressed the court taking full responsibility and expressing extreme remorse for what he did.
“Our hearts are with Jose’s family, friends, and rest of the affected community. This is a terrible, yet completely avoidable tragedy,” said Assistant District Attorney Eric Dobroth. “As this incident so heartbreakingly illustrates, driving while impaired puts every life on the roadway in peril. We are mindful that the law provides a sentence that seems wholly inadequate for Bernal’s conduct that resulted in the loss of a precious child but are hopeful that completion of the criminal case will provide family and friends with the space necessary to begin the long process of healing.”
Please report suspected impaired drivers by calling 911. If you find yourself in a position where you have been drinking or have ingested drugs (legal or otherwise) and suspect that you may be impaired, please do not drive; call a friend or a ride service, or simply stay put until you sober up. If you see someone who is about to drive while impaired, please act. Let’s all be part of the solution.
The case was investigated by the Atascadero Police Department, with the assistance of the District Attorney’s Bureau of Investigation and was prosecuted by Assistant District Attorney Eric J. Dobroth. Victim Advocate Gabriela Puga is providing assistance to the family and victims in the case.
Here is a copy of the charging document. Here is a copy of the defendant’s booking photo.
Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.
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