Attorney enters plea in DUI case

San Luis Obispo - A public defender pleaded no contest to a strike felony Friday, admitting to a drunken driving accident that seriously injured an Atascadero man.

Luis Anthony Lucero, 47, of Los Osos will be formally sentenced March 31.

Lucero, who entered his plea during an arraignment hearing, faces probation time and up to a year in jail.

His attorney, Barry Schiavo, said his client did not receive any special treatment because he is an attorney. In fact, he said, the District Attorney’s Office was tougher than usual in order to avoid the appearance of being lenient on a local attorney.

“There was essentially no negotiation on the case,” Schiavo said.

Deputy District Attorney Andy Cadena, who does not know Lucero, said the defendant was not given unusual consideration.

“He was not treated harshly,” Cadena said. “He was treated just like anybody else.”

Lucero pleaded no contest to driving under the influence, with a blood alcohol level over .20 percent, causing injury. In exchange for the deal, Cadena dropped another DUI charge.

“This was done after careful consideration,” Cadena said, noting that he had compared Lucero’s case to similar ones before offering the deal.

The man injured in the accident, meanwhile, is recovering.

“I’m still up for another operation just to take the hardware out,” said Randy Rutherford, who suffered a broken shoulder, nose and wrist, a shattered kneecap, nerve damage and facial lacerations in the wreck.

Rutherford, whose forehead is still numb, has already had one surgery and faces another to remove pins from his bones.

Lucero had allegedly been drinking at the Firestone Grill before entering his Mercedes Benz 300D on Jan. 13. Witnesses reported seeing him weaving on Foothill Boulevard, where his car collided head-on with Rutherford’s El Camino.

Lucero had a blood alcohol level of .28, according to the California Highway Patrol.

Schiavo said Lucero had been extremely distraught over the death of his father, which led him to drink.

“Mr. Lucero, the week before, had buried his father after a bout with cancer,” he said.

Rutherford said Lucero should have known better.

“There’s no excuse for drunk driving,” he said, noting that Lucero had defended people arrested for driving under the influence. “He knows the law.”

Rutherford’s attorney, James McKiernan, said he plans to file civil action against Lucero and the Firestone Grill next week.

Meanwhile, the county Probation Department will investigate the case and make a recommendation for sentencing.

According to police reports, Lucero has two prior DUI arrests in the county, dating back to 1983 and 1984.

Cadena said he could not comment on any possible priors. But, he said, if there are priors, they will likely be discussed at Lucero’s sentencing hearing.

Because Lucero is well-known in the legal community, the District Attorney’s Office first consulted with the Attorney General’s Office before filing charges. The case was moved from Superior Court Judge Barry LaBarbera’s courtroom to a judge who had less involvement with Lucero.

Retired Judge Harry Woolpert presided over the case in a civil courtroom.

Schiavo said Lucero is well-liked and respected in the legal community. He often handles indigent clients, and he is one of two immigration attorneys in the county.

He is currently in good standing with the state bar association, but the bar will review his conviction and determine whether or not a sanction is warranted.

Meanwhile, Schiavo said, Lucero is in counseling to deal with his father’s death and the crash. “This guy is devastated by this — embarrassed to go out in public almost.”

Rutherford, a contractor, has not been able to work or drive since the accident. And just riding in a car now, he added, is scary.

Immediately after the accident, he remembers feeling “extreme pain all over” his body. As he waited to go to the hospital, he said, he did not know if his injuries would be fatal.

“All I could say was, ‘Jesus, Jesus, Jesus.’ ”