Driver alleged to have killed teen in Balboa Peninsula DUI charged with second-degree murder

Flowers, a package of Red Vines, offerings of shrimp and rice and hand-written notes on Tuesday adorned a Balboa Peninsula street corner, where a 14-year-old girl was fatally struck over the weekend by a suspected drunk driver, according to police.

The victim, identified by the Orange County coroner’s office as Rosenda Elizabeth Smiley, of Rialto, was reportedly walking just one block away from the Balboa Fun Zone shortly after 6:45 p.m. Saturday, when she was struck by the driver of a dark-colored sedan, Newport Beach police spokesman Sgt. Steven Oberon confirmed Tuesday.

First responders arrived at the intersection of Balboa Boulevard and Palm Street, but Smiley had already succumbed to her injuries and was pronounced dead at the scene, police reported in a news release Sunday.

A woman stops to view the memorial of Rosenda Elizabeth Smiley, 14, killed Saturday near Balboa Boulevard and Palm Street.

(Susan Hoffman)

The driver of the vehicle — Joseph Alcazar, 30, of Fontana — remained at the site of the crash, where he was interviewed by investigating officers and arrested.

Appearing in Orange County Superior Court Wednesday, he was charged with second-degree murder and two counts of driving under the influence and causing injuries, along with a misdemeanor count of child abuse and endangerment, according to City News Service.

Oberon categorized the traffic fatality as a “Watson murder,” referring to a 1982 California appellate court decision that allows certain DUI-related suspects to be tried for second-degree murder instead of vehicular manslaughter, due to implied malice on the part of a driver.

Favorite foods and a note from Balboa Boat Co. for Rosenda Elizabeth Smiley, struck and killed Saturday near Balboa Boulevard and Palm Street.

(Susan Hoffman)

The charge against Alcazar for child abuse and endangerment stems from the fact that the suspect’s 8-year-old daughter was in the vehicle when it struck Smiley, and because a second victim — described by prosecutors in a criminal complaint as a 13-year-old girl — was injured when Alcazar’s vehicle ran over her foot, City News Service reported Wednesday.

Alcazar was previously convicted of driving under the influence in March 2016 and received another conviction for reckless driving in December 2020 in San Bernardino County, according to CNS. His blood-alcohol level at the time of the crash was .16, prosecutors alleged in the complaint.

Following Saturday’s collision, a roadside memorial appeared on the northwest corner of Balboa and Palm, just outside of Bal Harbor Liquor & Deli. Nestled among flowers and prayer candles was a picture of a smiling teenager. Nearby, a note penned by an anonymous well-wisher had been affixed to a light pole.

“Fourteen flowers — for the years of your life — may your spirit fly with the ocean breeze,” it read. “Hoping everyone involved finds peace. Keeping you in our hearts here in Balboa.”

Alcaraz, who could face life in prison, was scheduled to be arraigned on Wednesday. Anyone with information about Saturday’s incident is encouraged to contact Newport Beach Police traffic investigator Nathan Farris at nfarris@nbpd.org.

City News Service contributed to this report.

A message and balloon flowers for Rosenda Smiley, struck by a car Saturday evening one block from the Balboa Fun Zone.

(Susan Hoffman)