Corona, CA: Arraignment set for driver who allegedly killed Orland girl

A Southern California woman is expected to be arraigned April 22 on a charge of second-degree murder in connection with the death of Orland resident Rachel Amaris Elliott, 18.

After her graduation from Orland High School in 2007, Elliott was living with family members in Southern California and attending college.

On the night of Feb. 21, 2008, while driving on Knabe Road in Corona, Elliott's car was hit head-on by a sport utility vehicle driven by Corona resident Elva Diaz, then 31, who was allegedly drunk.

Elliott's father, Steve Elliott of Orland, said an investigation showed Diaz was traveling at 76 mph one second before the crash. The speed limit on Knabe is 45 mph.

Elliott, driving a smaller sedan, was critically injured and rushed to a local hospital, where she died hours later.

Diaz was arrested, but posted bail and fled to Mexico shortly before a trial in the case was set to begin.

She was eventually found and returned to the United States to face charges.

According to officials, Diaz is a U.S. citizen originally from West Covina.

Steve Elliott said he accompanied several other family members to Riverside last week, when a superior court judge ruled during a preliminary hearing there was enough evidence in the case for Diaz to stand trial.

Diaz, now 35, is a former paramedic. Under a California law called a Watson Advisement, officials have the option of charging her with second-degree murder, rather than vehicular manslaughter, because her employment should have made her aware of the dangers of drinking and driving.

According to the crash investigation, Diaz had been advised not to drive away from a bar where she had allegedly been drinking heavily the night of the crash.

If convicted of the charge, Diaz faces 15 years to life in prison.

"It is the state's case, but they have conferred with us every step of the way," Elliott said. "It's mostly to see if we have the will to see this case through to the end. Most of our discussions have centered around the second-degree murder charge," he said.

Elliott said Diaz appeared in court during the latest hearing, and seemed to be alone except for her court-appointed attorney. She is being held on bail of $5 million at the Riverside County Jail.

He said he couldn't see the woman's face in the court room, but noted that he had seen her face in previous court appearances. He commented that she showed no emotion, and carefully avoided eye contact with the victim's relatives.

Elliott said he expects Diaz to enter a plea of not guilty at her arraignment. He said a trial date could be set at that time.

Since their daughter's death, Steve and Jill Elliott have devoted much of their time to seeking justice for Rachel, and spreading the message that drinking and driving accidents are tragedies that can be avoided.

Jill has been asked to speak at the "Every 15 Minutes" program at Orland High in May. She may also speak during a similar presentation at Oroville High School. The program emphasizes the dangers of drinking and driving and includes staging a roadway crash on campus in which students are "killed."

Elliott was also scheduled to speak at Willows High School on April 21, but that program was canceled following the death of 2009 graduates Melissa Ellithorp and Nicolina Milani in a recent head-on crash in Glenn County.

In 2007, the last year Orland High presented "Every 15 Minutes," Rachel Elliott was a major participant.