James Lee

A Gilroy man who allegedly killed a 4-year-old boy in a drunken
driving crash earlier this month will be back in court Tuesday
after his plea hearing was delayed Monday.
A Gilroy man who allegedly killed a 4-year-old boy in a drunken driving crash earlier this month will be back in court Tuesday after his plea hearing was delayed Monday.

James Francis Lee, 44, was driving the evening of July 11 southbound on U.S. 101 in south San Jose when his truck veered off the road and collided with a broken-down truck containing 4-year-old Jose Cortez-Diaz, according to the California Highway Patrol. The impact of the crash caused a toolbox in the bed of the boy’s family’s truck to fly through the rear window and hit Cortez-Diaz, causing his death, according to CHP Officer Jaime Rios.

Lee faces charges of driving under the influence and gross vehicular manslaughter while driving under the influence.

He will next appear in court at 9:30 a.m. Tuesday in Department 23 of San Jose’s Hall of Justice.

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