HEMET, Calif. (KTVU) - A father who says his family was destroyed when a drunk driver crashed into his wife's car, is pleading for lawmakers to change the drinking and driving laws in California.
Zach Kincaid's wife Krystil was 36 weeks pregnant when a drunk driver slammed into her car. The couple's unborn child, Avalynn, was also killed in the crash. Krystil leaves behind three other children.
The crash was reported shortly after 8:30 p.m. Sept. 9 in the 500 block of N. Warren Road. Police said 28-year-old Marcus Forestal - a professional boxer - was allegedly speeding and crashed head-on into Kincaid's Chrysler, according to a report by KTTV.
The minivan was partially on fire when first responders arrived at the scene. They put out the flames and worked to rescue Kincaid, whose legs were pinned underneath the dashboard, according to a GoFundMe page.
Forestal was taken into custody and faces charges in the crash.
Zach Kincaid tells KTVU, after the crash the driver, later identified as Forestal, began streaming on Facebook. "(He blamed) my wife as she was dying, pinned in her car while it was on fire. He didn't even try to help her... his 'intention' wasn't safety, it wasn't remorseful. He was driving recklessly and dangerously on purpose while intoxicated. He murdered my wife and child."
Zach Kincaid believes the drinking and driving laws should carry stronger penalties in California.
He wrote in a change.org petition, " A drunk driver speeding down a two lane highway at 85+mph in the wrong lane around a blind corner destroyed my family. The max sentence for killing my wife and daughter is 10 years max. The state of California doesn't think there was intent, but I know driving recklessly in that manner, he didn't intend anything good.... my daughter's due date was October 9th, a 36 week old fully developed baby isn't considered a person in the state of California. How do I explain to my children this injustice. My children and I have never felt so disposable... Look at the devastation left behind that is my family and tell me it isn't time for change....imagine if this was your family... Who will fight with me for change? Who will spread this like wild fire? Who will write their representatives and demand change? We cannot as a society look the other way any longer. Driving drunk is intent."
He is asking the public to spread his message like "wildfire," and hoping lawmakers take notice.
Zach Kincaid held Avalynn in his arms at the funeral, as he laid her i n the casket with Krystal.
He says Krystal is being remembered as "A loving mother, amazing wife, a leader who would never ask one to do something she wasn't willing to do herself, she did what was right no matter how hard it was or the consequences that followed, and an old soul(wise). She was the best thing that ever happened to me."