Driver sentenced for fatal crash that killed 11-year-old in Atascadero

Posted: 1:15 am, June 27, 2025 by News Staff

Zachary Tomas Bernal.

Driver’s fentanyl use reportedly led to fatal crash in March 2025

– Zachary Tomas Bernal, 32, of Atascadero, was sentenced to seven years in state prison for causing the death of 11-year-old Jose Gutierrez in a DUI hit-and-run accident. The incident occurred on March 15, 2025, when Bernal, under the influence of fentanyl, struck and killed the child while driving on a sidewalk.

On May 21, Bernal pleaded guilty to all charges and enhancements, including vehicular manslaughter while intoxicated, hit and run resulting in death, and possession of fentanyl. He also admitted to fleeing the scene after the crash, which led to an additional five years of incarceration. Bernal entered his guilty pleas “open” to the court, with no agreement on his sentence. Based on the charges, Bernal faced a maximum sentence of nine years.

The incident occurred on March 15, 2025, shortly before 3 p.m., when Bernal, under the influence of fentanyl, drove onto a sidewalk and struck 11-year-old Jose, who was walking with his friend, Orlando. Just before the crash, Jose shouted “mira,” or “look out,” allowing Orlando to narrowly avoid being struck. Bernal fled the scene and abandoned his vehicle.

Atascadero police apprehended Bernal about four and a half hours later. Fentanyl was found in the vehicle he had abandoned and near his location when he was arrested. A Drug Recognition Evaluation revealed that Bernal was under the influence of controlled substances. A forensic blood test, taken approximately eight hours after the crash, showed a high level of fentanyl and a lesser level of methamphetamine in his system. Authorities believe Bernal used fentanyl before the crash and again used fentanyl and methamphetamine afterward.

At the sentencing, the judge heard victim impact statements from Jose’s father, mother, and aunt, describing the profound impact of the loss. Bernal addressed the court, taking full responsibility and expressing deep remorse for his actions.

“Our hearts are with Jose’s family, friends, and the rest of the affected community,” said Assistant District Attorney Eric Dobroth. “This is a terrible, yet completely avoidable tragedy. As this incident so heartbreakingly illustrates, driving while impaired puts every life on the roadway in peril. We are mindful that the law provides a sentence that seems wholly inadequate for Bernal’s conduct that resulted in the loss of a precious child but are hopeful that completion of the criminal case will provide family and friends with the space necessary to begin the long process of healing.”

The case was investigated by the Atascadero Police Department, with assistance from the District Attorney’s Bureau of Investigation. It was prosecuted by Assistant District Attorney Eric J. Dobroth, with victim support provided by Gabriela Puga.