Michael Lukehart, who represents Elder, said he learned through case discovery documents that “both parties had been consuming alcohol.”
Chief Assistant District Attorney Terry Spitz said the information did not stop his office from pressing charges against Elder.
“That is a fact that we were aware of and we took into account when reviewing the case,” he said. “We were obviously aware of it — we provided the information to the defense.”
LaRone and Daly were in a 2005 Ford driven by Daly when Elder’s Cadillac sport utility vehicle crossed into the opposite lane and into the path of the Ford, the California Highway Patrol said.
Elder, 30 at the time of the crash, was arrested by CHP officers and released on $430,000 bail.