Dec 21, 2009 1:57 PM by Stacy Daniel
A Fresno man, who hit and killed a man while driving under the influence, will not be charged with a felony DUI according to a spokesperson for the CHP.
49 year-old George Patton was driving his BMW southbound on highway 101, Saturday night, when investigators say 22 year-old, Ismael Gamboa ran into traffic.
Gamboa died at the scene. Officers say, Gamboa was riding in a Suburban with four adults and 3 children when a verbal fight broke out. The driver of the Suburban pulled off the highway and Gamboa got out. Officers say, for an unknown reason, he ran directly into oncoming traffic. That's when Patton hit and killed him.
Under further investigation it was discovered that Patton had a blood alcohol level just above the legal amount. Patton will face misdemeanor DUI charges.
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