DA seeks witnesses, grieving family seeks change, after deadly crash that killed pregnant SJ mother, unborn daughter

In the aftermath of a crash that killed an 8-month pregnant San Jacinto woman and her unborn child last month, the Riverside County District Attorney’s Office is seeking additional witnesses and information in their ongoing criminal investigation against the man officials say was responsible for the deadly DUI crash.

The Sept. 9 collision, which resulted in the death of 29-year-old, Krystil Kincaid and her unborn daughter Avalynn, has left the victim’s grieving family calling for changes in California’s DUI laws, as well as laws pertaining to the rights of unborn children.

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28-year-old, Marcos Forestal – a Cuban-born boxer (9-0, 5 KO) and reigning World Boxing Federation International Super Bantamweight champion – was arrested the night of the deadly crash, after officers investigating the collision determined he was under the influence of alcohol.

Forestal was later booked into jail on a single charge of DUI resulting in great bodily injury, but his charge was later amended to gross vehicular manslaughter after Krystil’s death. He was released from custody four days after his arrest when he posted $75,000 bail.

The deadly, DUI-related crash and Forestal’s subsequent arrest made international headlines after it was learned that in the moments following the fatal collision, rather than check on the victims inside the vehicle he smashed head-on into, he live-streamed video of the crash, which was then shared worldwide.

In the video Forestal, who recently moved to California from Florida to continue pursuing his boxing career, can be heard speaking in Spanish, blaming Kincaid for the crash and complaining about his wrecked BMW.

Based on his own live-streamed video, investigators determined that Forestal never attempted to check on the mortally injured woman or try to render aid of any kind, as she sat dying in her wrecked and burning van, which caught fire after the head-on collision.

“She was the best thing that ever happened to me.”

Since Krystil and Avalynn’s deaths, Zach Kincaid – husband and father of the two victims –  has been struggling to get through his nightmarish situation one day at a time. Zach has also been trying to cope with his anger and his family’s grief over their tragic loss and recently told RCNS he hopes to see something positive come from his family’s tragedy.

According to Zach, trying to explain to his four children why Forestal was only charged with Krystil’s death – and not Avalynn’s – has only made his loss that much more difficult to handle.

“It’s an outrage that this man isn’t at the very least being charged with two counts of manslaughter,” Zach explained. “To make matters worse, the state of California doesn’t think there was intent in Forestal’s actions.”

“But, if a person goes to a social event and is going to be drinking and they willingly choose not to have a safe transportation option, they are ‘intending’ to do the public and themselves harm,” Zach reasoned.

“There are just too many options available for rides home nowadays,” he continued. “With the availability of Uber and Lyft, as well as other options, there is just no excuse for driving while intoxicated.”

“As for Forestal’s intent, he was clear enough in his mind to start recording after the crash and to try to cover his guilt by going live on Facebook blaming my wife for the crash, even as she was in the background, trapped and dying inside her burning car.”

“He didn’t even try to help,” Zach continued. “If that doesn’t speak of his intent then I don’t know what does.”

“Krystil’s intention was to have a baby, raise her daughter along with our other four children, and live out her life with her husband and family,” Zach explained, saying he and Krystil would have celebrated their 12 year anniversary last week. “But her intentions were callously dismissed by a man who chose to drink and then get in his car and drive.”

“The laws need to be changed.“

“Even though my daughter’s due date was October 9th, in the state of California this 36-week-old, fully developed baby isn’t considered a person and doesn’t qualify to be considered a victim,” the anguished father explained.

“How is it that our justice system can look at this as a crime against just one victim, that at the most is only worth 10 years in prison?” Zach lamented. “How do I explain this injustice to my children as they get older?”

“Look at the devastation left behind that is my family. Two lives were lost and many more were devastated by losing Krystil and Avalynn,” Zach continued. “Just imagine if this was your family and tell me this doesn’t seem wrong. My children and I have never felt so disposable.“

In an effort to change citizens and lawmakers’ opinions about DUI-related intent and bring awareness to both that issue as well as issues related to the filing of criminal charges when an unborn child dies due to DUI or other violent crimes, Zach and family members have created a change.org petition demanding changes in the laws be made. #avalynnslaw

The petition, which says “the laws need to be changed,” received nearly 75,000 signatures during its first week and nearly reached 80,000 signatures as of this update.

“Marcos (is) not capable of bad intentions … he is not a killer.”

Recognizing that intent will likely play a big part in his trial and possible sentencing, Forestal, along with his family and friends, have also created a change.org petition titled, “Marcos is not capable of bad intentions, he is a noble athlete and of good heart.”

The petition, which is being sent to House Representatives Nancy Pelosi and Raul Ruiz, as well as Governor Jerry Brown and the California State House, explains in Spanish, “They accuse that Marcos was drunk and that he intended … they want him to be punished. Something unfair.”

“Everyone who knows Marcos Forestal knows that he is a good sportsman, a boxer who is not a drunk,” the petition continues. “Nowadays anyone can have a car accident, we can not choose if it is a man, old people or a pregnant woman. Forestal is not a killer!”

To date, the petition has received about a thousand signatures.

“There comes a time where we need to stand up and fight for what’s right.”

Zach said that while he understands that the DA’s office can only work with the laws as they are written and thanked them for their service to the community, he is hoping they will strongly reconsider filing murder charges against Forestal. “Or at least reconsider filing two counts of manslaughter” Zach explained, thereby accounting for both victims who died in the crash – rather than just his wife.

“In all cases of murder and manslaughter, if a pregnant woman is killed, the unborn baby should be considered as a person,” Zach explained.