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Fatal hit-and-run suspect misses third court date, judge issues warrant
| Thursday, Aug 28 2008 4:42 PM
Last Updated: Friday, Aug 29 2008 7:20 AM
A man charged in a fatal hit and run has missed a third court date and now has a second arrest warrant in his name.
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Johnny Malta is arraigned in Superior Court earlier in June. He is charged in the hit-and-run death more than a year ago of Guillermo Jose Ochaeta.
Carlos Ochaeta, the hit-and-run victim's dad, was at Johnny Malta's arraignment earlier in June. He had hoped to see the man accused in his son's death but was not able to get into the courtroom because the spectator gallery was full.
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Johnny Malta, 36, is believed to have been involved in a traffic death more than a year ago.
In May 2007, a vehicle driven by Guillermo Jose Ochaeta, 21, was broadsided by a 2004 GMC Yukon. The driver of the Yukon ran away and Malta wasn't arrested until May 31 this year.
DNA tests showed Malta was in the driver's seat of the Yukon, police said.
Malta was a no-show to a felony arraignment on Tuesday. He failed to appear at a July hearing also.
If and when he is arrested, he will be held in jail without bail. Calls to Malta’s attorney were not immediately returned.
Ochaeta's father, Carlos Ochaeta, said Malta should not be free on the streets.
In July, when Malta failed to show in court, prosecutor Michael Yraceburn said that Malta did not appear to be a “flight risk.” Now, Yraceburn said Malta is essentially a fugitive on the run because he didn't show again.
“I don't know what he's thinking,” he said. “It doesn't seem like he's taking this too seriously.”
If Malta is arrested by police after 10 days, a felony count of “failure to appear” will be added — possibly resulting in an additional five-year sentence.
Adolph Perez is also being charged in the case for being an accessory in the hit-and-run. His hearing is on Oct. 10.