Felony manslaughter charges will be filed Thursday against a firefighter accused of a drunken driving accident that killed a local mother and injured her daughter, the District Attorney's Office said Wednesday.
Mitchell Green will face the felony charges in connection with the death of Michelle Marie Maxwell, 41 of Bakersfield, and the injuries to Maxwell's 15-year-old daughter, Michaela.
The charges will be filed Thursday, and Green will surrender Thursday afternoon, Yraceburn said. Green has been out of the hospital since mid-February.
Charges will include gross vehicular manslaughter and gross vehicular homicide with negligence, both felonies, said Deputy District Attorney Michael Yraceburn.
Because Maxwell had a clean driving record, a murder charge was not an option. Drivers convicted of a prior DUI are required to sign a form acknowledging if they drive while under the influence of alcohol or drugs and someone is killed they can be charged with murder.
Green, 30, suffered severe burns in the collision at Panama Lane and Ashe Road just before 8 p.m Feb. 2.
Bakersfield Police said they determined Green was under the influence of alcohol at the time of the collision, according to a release from the BPD. He was set to be taken to jail upon his release from the hospital.
Michaela received her learner's permit weeks before the accident and and was driving her mom to sign a quilt for 15-year-old Lauren Ashley who died of cancer the week before.
"I'm 80 years old. Why did she have to be taken?" said Michelle Maxwell's mother Marceline Seberger. "I don't have the answers. Only that a drunk had to take her out."
Witnesses said Green was seen driving well above the 55 mph speed limit.
Maxwell's Hyundai was turning north onto Ashe Road when Green failed to stop at the red light and broadsided the vehicle, officers reported. Green's Ford pickup then struck a power pole, splitting the pole in two and causing the truck to burst into flames. The collision initially knocked out power to 1,200 homes and businesses.
Green was promoted to firefighter engineer in December 2008, according to a Kern County Fire Department news release.
