Charges upgraded for driver in double-fatal crash

BERKELEY, Calif -- The charges were upgraded today for a man who crashed his car into a traffic roundabout in Berkeley earlier this month, killing his girlfriend and her 6-year-old son.

Jose Lumbreras, 24, was charged last week with gross vehicular manslaughter while intoxicated for the death of 22-year-old Milanca Alicia Lopez and drunken driving causing injury for the wounds to her son Xavier Chevez, who became comatose after the crash and suffered paralysis.

Lopez died at the scene of the accident, which occurred at about 1:10 a.m. on May 18 when the Cadillac Lumbreras was driving crashed into a roundabout and a tree near Allston Way and California Street. Lopez had been a student at the University of California at Berkeley, where she studied social welfare.

Xavier initially survived the crash but died Friday evening at Children's Hospital in Oakland.

The Alameda County District Attorney's Office today amended its criminal complaint against Lumbreras to charge him with a second count of gross vehicular manslaughter while intoxicated for Xavier's death.

Lumbreras was taken to a hospital after the accident with what police described as serious injuries, and he remains hospitalized, Berkeley police spokeswoman Sgt. Mary Kusmiss said.

District attorney's office spokeswoman Teresa Drenick said that because Lumbreras is still in the hospital, he probably won't appear in court today as scheduled.

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