ATASCADERO — Zachary Tomas Bernal, 32, of Atascadero, was sentenced to seven years in state prison on Wednesday, June 25, for driving under the influence of fentanyl and fatally striking 11-year-old Jose in a hit-and-run crash earlier this year.

The tragic incident occurred on March 15, when Bernal veered onto a sidewalk, killing the young boy and fleeing the scene. Bernal pleaded guilty last month to multiple felony charges, including vehicular manslaughter while intoxicated and possession of fentanyl.

Bernal admitted an additional allegation that he fled the scene after committing the crime of vehicular manslaughter while intoxicated. This admission subjected him to an additional five years of incarceration. Bernal entered his guilty pleas “open” to the court without any agreement on what his sentence would be. Based on the crimes he pled guilty to; Bernal faced a maximum sentence of nine years.

The crimes occurred on March 15, 2025, shortly before 3 p.m. when Bernal, while driving under the influence of fentanyl, drove onto the sidewalk striking and killing 11-year-old Jose. At the time of the collision Jose was walking with his friend, Orlando. Immediately before the collision, Jose exclaimed “mira” (Spanish for look or look out). Orlando was able to quickly move and avoided being struck. Bernal fled the collision scene and abandoned his vehicle. 

He was apprehended four and a half hours later by the Atascadero Police Department. Personal use quantities of fentanyl were found in Bernal’s abandoned vehicle and in his proximity when he was arrested. A Drug Recognition Evaluation was conducted on Bernal and the evaluation results indicated he was under the influence of controlled substance(s). A forensic blood test was taken about 8 hours after the fatal collision revealing a high level of fentanyl and a lesser level of methamphetamine in his blood. It is believed that Bernal used fentanyl prior to the collision and again used fentanyl and methamphetamine after the collision.  

At the sentencing hearing the judge heard victim impact statements from Jose’s father, mother, and aunt describing the devastating affects of the crimes. Bernal addressed the court taking full responsibility and expressing extreme remorse for what he did.

“Our hearts are with Jose’s family, friends, and rest of the affected community. This is a terrible, yet completely avoidable tragedy,” said Assistant District Attorney Eric Dobroth. “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.”