By Joshua Rhett MillerShareNewsweek is a Trust Project memberA California man with two DUI convictions has been charged with murder in a hit-and-run crash that killed a 13-year-old boy as he walked to school, authorities said.
Bradley Gene Funk, 59, who was on probation for a 2021 DUI conviction, allegedly struck a curb early Tuesday in Dana Point and plowed into Luis Adrian Morales-Pacheco as the boy headed to Niguel Hills Middle School with his older brother, according to the Orange County District Attorney’s Office.
Funk, of Dana Point, allegedly fled the scene after striking the teen, whose brother was not injured. He was arrested a few miles away after his white GMC pickup lost a tire and witnesses helped deputies track him down, the Orange County Sheriff’s Department said.
...Luis, of San Juan Capistrano, suffered serious injuries in the collision and died at a hospital.
“The death of a child leaves a hole in the heart of our entire community,” Orange County District Attorney Todd Spitzer said in a statement Thursday. “Luis did not have to die and the driver who killed him was told over and over again of the lives he would be risking if he got behind the wheel intoxicated, and he did it anyway. And now Luis’ family is forced to live without their little boy whose smile could light up a room—all because a stranger made a selfish decision and Luis and his entire family paid the ultimate price.”
Funk, who pleaded guilty to DUI in two separate cases, was charged Thursday with second-degree murder and hit-and-run with permanent and serious injury. He remains in custody as of early Friday, jail records show.
...In California, motorists convicted of DUI are required to receive a Watson advisement—informing them they could face a murder charge if they kill someone while driving under the influence. Funk received that instruction in both of his cases, Spitzer said.
Funk, who was taken into custody on suspicion of DUI, murder and hit-and-run, was on probation in connection with his prior convictions, sheriff officials said. Funk had been convicted in DUI cases in November 2020 and January 2021, according to court records cited by the Los Angeles Times.
In July 2020, Funk was booked on suspicion of DUI in two separate incidents within three days after hitting two cars near Capistrano Union High School before fleeing. He later pleaded guilty to misdemeanor hit-and-run with property damage and DUI in one incident and DUI in the second, the Times reported.
Funk was sentenced to five years' probation, including a stipulation that he couldn’t drive a vehicle with alcohol in his system. His license was suspended in July 2021 and reinstated in February 2023, DMV records cited by the newspaper show.
Funk remains held without bail ahead of his arraignment scheduled for December 10. His court-appointed attorney, Joel Garson, said he didn’t have enough evidence Thursday to seek bail in the case, KTTV reported.
An online fundraiser for Luis’ family had eclipsed $59,000 as of early Friday.
“Luis Adrian was a bright light in the world known for his smile,” the GoFundMe listing reads. “He was generous, he loved to protect younger kids, he also loved his family and God with all his heart. He was always happy, loving and hungry.”
Classmates of the charismatic sixth-grader are also struggling to process Tuesday’s deadly crash, KABC reported.
“He was a very kindhearted person,” classmate Harper Waters told the station. “He didn't make just me, but he made a lot of kids smile. I'd walk into that class with such a bad attitude, and I'd come out with a smile because of him.”
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