Repeat DUI offender accused in hit-and-run death of boy in Dana Point charged with second-degree murder

Repeat DUI offender charged with murder

An Orange County man with two prior DUI convictions was charged with second-degree murder after he struck a boy walking to school.

ORANGE COUNTY, Calif. - A 59-year-old San Juan Capistrano man was charged Thursday with second-degree murder for allegedly hitting and killing a 12-year-old boy who was walking to school in Dana Point. 

What we know:

Bradley Gene Funk was also charged with hit-and-run causing death. His arraignment is rescheduled for Dec. 10 in the Harbor Justice Center in Newport Beach. He is being held without bail. 

The bail is provisional and will be argued again at Funk's next court hearing. His court-appointed attorney, Joel Garson, said he did not have enough evidence from the case to argue bail yet.

The backstory:

The deadly crash occurred around 8:20 a.m. Tuesday, Nov. 18 at Dana Point Harbor Drive and Park Lantern.

According to authorities, Funk apparently drove onto a curb and struck 12-year-old Luis Adrian Morales-Pacheco of San Juan Capistrano, who was walking to school with his brother. His brother was not injured.

PREVIOUS COVERAGE: OC man accused of killing 12-year-old on way to school had prior DUI convictions: officials

Funk fled the scene but was located by deputies about two or three miles away. 

What they're saying:

Classmates have been coming by the growing memorial at the crash site in Dana Point to remember the 6th grader who was on his way to Niguel Hills Middle School. 

"He was our friend and really sweet person," said a classmate on Wednesday. "Me and my friends were going to wear blue for him because that’s his favorite color." 

The 12-year-old’s mother told FOX 11 that she wants justice for her son. 

Classmates mourn loss of 12-year-old boy struck by alleged DUI driver

The suspect, Bradley Gene Funk, is being held on suspicion of second-degree murder due to having prior DUI convictions and a previous warning (Watson Advisory).

Dig deeper:

Funk's second-degree murder charge is linked to his prior conviction for DUI.

According to court records, he accepted a plea deal on July 22, 2021, which resolved two previous DUI cases against him, leaving him on probation until July 21, 2026.

In that deal, Funk pleaded guilty to:

• Misdemeanor hit-and-run with property damage and driving under the influence of alcohol for an incident on July 13, 2020.
• Driving under the influence of alcohol for an incident on July 10, 2020.

As part of his sentence, he was ordered to complete an 18-month multi-offender alcohol program and serve 240 days in jail, with 180 days stayed pending completion of his probation.

Big picture view:

When defendants are convicted of DUI, they are issued a Watson Advisory.

This warning explicitly states that if they are caught driving under the influence again and someone is killed, they could face an upgraded charge from voluntary manslaughter to second-degree murder.

A murder defendant can only be released by winning parole, while a manslaughter conviction carries a set time in prison as punishment.