DA seeks witnesses, grieving family seeks change, after deadly crash that killed pregnant SJ mother, unborn daughter

In the aftermath of a crash that killed an 8-month pregnant San Jacinto woman and her unborn child last month, the Riverside County District Attorney’s Office is seeking additional witnesses and information in their ongoing criminal investigation against the man officials say was responsible for the deadly DUI crash.

The Sept. 9 collision, which resulted in the death of 29-year-old, Krystil Kincaid and her unborn daughter Avalynn, has left the victim’s grieving family calling for changes in California’s DUI laws, as well as laws pertaining to the rights of unborn children.

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Marcos A. Forestal, 28, was arrested after he allegedly smashed head-on into another vehicle, killing 29-year-old Kristil Kincaid and her unborn child. HPD photo

28-year-old, Marcos Forestal – a Cuban-born boxer (9-0, 5 KO) and reigning World Boxing Federation International Super Bantamweight champion – was arrested the night of the deadly crash, after officers investigating the collision determined he was under the influence of alcohol.

Forestal was later booked into jail on a single charge of DUI resulting in great bodily injury, but his charge was later amended to gross vehicular manslaughter after Krystil’s death. He was released from custody four days after his arrest when he posted $75,000 bail.

The deadly, DUI-related crash and Forestal’s subsequent arrest made international headlines after it was learned that in the moments following the fatal collision, rather than check on the victims inside the vehicle he smashed head-on into, he live-streamed video of the crash, which was then shared worldwide.

In the video Forestal, who recently moved to California from Florida to continue pursuing his boxing career, can be heard speaking in Spanish, blaming Kincaid for the crash and complaining about his wrecked BMW.

Based on his own live-streamed video, investigators determined that Forestal never attempted to check on the mortally injured woman or try to render aid of any kind, as she sat dying in her wrecked and burning van, which caught fire after the head-on collision.

“She was the best thing that ever happened to me.”

Since Krystil and Avalynn’s deaths, Zach Kincaid – husband and father of the two victims –  has been struggling to get through his nightmarish situation one day at a time. Zach has also been trying to cope with his anger and his family’s grief over their tragic loss and recently told RCNS he hopes to see something positive come from his family’s tragedy.

Zach and Krystil Kincaid would have celebrated their 12 year anniversary last week. Zach Kincaid photo

According to Zach, trying to explain to his four children why Forestal was only charged with Krystil’s death – and not Avalynn’s – has only made his loss that much more difficult to handle.

“It’s an outrage that this man isn’t at the very least being charged with two counts of manslaughter,” Zach explained. “To make matters worse, the state of California doesn’t think there was intent in Forestal’s actions.”

“But, if a person goes to a social event and is going to be drinking and they willingly choose not to have a safe transportation option, they are ‘intending’ to do the public and themselves harm,” Zach reasoned.

“There are just too many options available for rides home nowadays,” he continued. “With the availability of Uber and Lyft, as well as other options, there is just no excuse for driving while intoxicated.”

“As for Forestal’s intent, he was clear enough in his mind to start recording after the crash and to try to cover his guilt by going live on Facebook blaming my wife for the crash, even as she was in the background, trapped and dying inside her burning car.”

“He didn’t even try to help,” Zach continued. “If that doesn’t speak of his intent then I don’t know what does.”

“Krystil’s intention was to have a baby, raise her daughter along with our other four children, and live out her life with her husband and family,” Zach explained, saying he and Krystil would have celebrated their 12 year anniversary last week. “But her intentions were callously dismissed by a man who chose to drink and then get in his car and drive.”

“The laws need to be changed.

“Even though my daughter’s due date was October 9th, in the state of California this 36-week-old, fully developed baby isn’t considered a person and doesn’t qualify to be considered a victim,” the anguished father explained.

Zach says the only way to honor his wife and daughter is to demand California change its laws regarding DUI-related deaths and convince lawmakers that unborn children should be seen as victims. Zach Kincaid photo

“How is it that our justice system can look at this as a crime against just one victim, that at the most is only worth 10 years in prison?” Zach lamented. “How do I explain this injustice to my children as they get older?”

Look at the devastation left behind that is my family. Two lives were lost and many more were devastated by losing Krystil and Avalynn,” Zach continued. “Just imagine if this was your family and tell me this doesn’t seem wrong. My children and I have never felt so disposable.

In an effort to change citizens and lawmakers’ opinions about DUI-related intent and bring awareness to both that issue as well as issues related to the filing of criminal charges when an unborn child dies due to DUI or other violent crimes, Zach and family members have created a change.org petition demanding changes in the laws be made. #avalynnslaw

The petition, which says “the laws need to be changed,” received nearly 75,000 signatures during its first week and nearly reached 80,000 signatures as of this update.

“Marcos (is) not capable of bad intentions … he is not a killer.”

Recognizing that intent will likely play a big part in his trial and possible sentencing, Forestal, along with his family and friends, have also created a change.org petition titled, “Marcos is not capable of bad intentions, he is a noble athlete and of good heart.”

The petition, which is being sent to House Representatives Nancy Pelosi and Raul Ruiz, as well as Governor Jerry Brown and the California State House, explains in Spanish, “They accuse that Marcos was drunk and that he intended … they want him to be punished. Something unfair.”

“Everyone who knows Marcos Forestal knows that he is a good sportsman, a boxer who is not a drunk,” the petition continues. “Nowadays anyone can have a car accident, we can not choose if it is a man, old people or a pregnant woman. Forestal is not a killer!”

To date, the petition has received about a thousand signatures.

“There comes a time where we need to stand up and fight for what’s right.”

“Avalynn should be considered a victim, just like Krystil,” the grieving father recently told RCNS. Zach Kincaid photo

Zach said that while he understands that the DA’s office can only work with the laws as they are written and thanked them for their service to the community, he is hoping they will strongly reconsider filing murder charges against Forestal. “Or at least reconsider filing two counts of manslaughter” Zach explained, thereby accounting for both victims who died in the crash – rather than just his wife.

“In all cases of murder and manslaughter, if a pregnant woman is killed, the unborn baby should be considered as a person,” Zach explained.

In the case regarding my daughter, her due date was Oct. 9th. She was considered full-term and was a fully developed baby at 36 weeks,” Zach continued. “Biologically, Avalynn was a 100% viable baby and able to survive outside of the womb.”

I understand a conviction is never guaranteed, but this is a case where the baby was full-term, had nothing wrong with it, and could have survived,” Zach explained. “Avalynn should be considered a victim, just like Krystil.”

Zach said he is positive a jury would agree, and has pleaded with the DA’s office to allow his family the chance to receive “real justice” for Krystil and Avalynn’s deaths, and to recognize both as victims.

“Who will take a stand and fight with me for change?”

“There comes a time where we need to stand up and fight for what’s right and this case can begin a new chapter here in California,” said the grieving husband and father, who explained fighting for change is the only way he can honor his wife and daughter.

If we want to change the viewpoint on intent, the penalty for DUI murders, and especially the viewpoint on whether Avalynn – and unborn children like her – deserve justice, this is where we need to start.”

“Who will take a stand and fight with me for change? Who will spread this like wildfire? Who will write their representatives and demand change?” Zach asked.

“We cannot as a society look the other way any longer. Driving drunk is intent and Avalynn deserves to be recognized by the State as a victim in this horrible, senseless, and entirely preventable tragedy.”

More witnesses and information essential

As the DA’s office continues preparing their case against Forestal, Senior Investigator II Joseph Cristinziani, of the DA’s Vehicular Homicide/Felony D.U.I. Vertical Prosecution Unit, recently spoke with RCNS regarding their ongoing investigation.

Cristinziani explained that in order to better understand everything that led up to the deadly, DUI-related collision – and to apply the most appropriate charges – the DA’s office needs to speak with each and every person who either witnessed the collision or stopped to help in the immediate aftermath of the crash, including any emergency first responders who interacted directly or indirectly with either Krystil or Forestal and may have relevant information and details from the night of the crash.

The DA’s office is also interested in learning more about the San Jacinto birthday party Forestal was reportedly at in the hours leading up to the deadly crash.

Anyone with information related to this ongoing investigation is encouraged to immediately contact Senior Investigator II Joseph Cristinziani of the Riverside Cou
nty District Attorney’s Southwest Bureau of Investigation. He can be reached at (951) 304-5632 or by email.

SEE ORIGINAL STORY: Pregnant woman, unborn child, killed in Hemet head-on DUI collision

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Contact the writer: trevor.rcns@gmail.com

Trevor Montgomery, 47, recently moved to the Intermountain area of Shasta County from Riverside County and runs Riverside County News Source and Shasta County News Source. Additionally, he writes for several other news organizations; including Riverside County based newspapers, Valley News, The Valley Chronicle, and Anza Valley Outlook; as well as Bonsall/Fallbrook Village News in San Diego County and Mountain Echo in Shasta County.

Trevor spent 10 years in the U.S. Army as an Orthopedic Specialist before joining the Riverside County Sheriff’s Department in 1998. He was medically retired after losing his leg, breaking his back, and suffering both spinal cord and brain injuries in an off-duty accident. (Click here to see segment of Discovery Channel documentary of Trevor’s accident.)

During his time with the sheriff’s department, Trevor worked at several different stations; including Robert Presley Detention Center, Southwest Station in Temecula, Hemet/Valle Vista Station, Ben Clark Public Safety Training Center, and Lake Elsinore Station; along with other locations.

Trevor’s assignments included Corrections, Patrol, DUI Enforcement, Boat and Personal Water-Craft based Lake Patrol, Off-Road Vehicle Enforcement, Problem Oriented Policing Team, and Personnel/Background Investigations. He finished his career while working as a Sex Crimes and Child Abuse Investigator and was a court-designated expert in child abuse and child sex-related crimes.

Trevor has been married for more than 28 years and was a foster parent to more than 60 children over 13 years. He is now an adoptive parent and his “fluid family” includes 13 children and 14 – but soon to be 16 – grandchildren.

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