A California father was left heartbroken and stunned when his wife and unborn daughter were killed in a drunken driving accident earlier this year.
Zach Kincaid became even more upset when he found out his unborn daughter’s life has little value under state law, The Daily Mail reports.
“My daughter’s due date was October 9th, a 36 week old fully developed baby isnt [sic] considered a person in the state of California,” Kincaid wrote online.
Krystil Kincaid, 29, and her unborn daughter, Avalynn Onix, died after a drunken driver hit their vehicle around 8:30 p.m. Sept. 9 in Hemet, California, according to the report. She was eight months pregnant.
Marcos Forestal, 28, a world boxing champion, allegedly had been drinking and driving when he crashed into Krystil Kincaid’s vehicle, the report states. Zach Kincaid said Forestal was in the wrong lane on a two-lane highway and his speed exceeded 85 miles per hour.
Police said Forestal is charged with gross vehicular manslaughter while intoxicated.
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Here’s more from the report:
After firefighters put out the flames, first responders then started the operation to remove Kincaid from her vehicle, police said.
Her husband told KTLA she had him on speakerphone as the crash occurred.
He said he could hear her scream before impact, then the sound of metal and firefighters using specialized equipment as they tried to pull her from the wreckage.
He told the station that the phone call is a memory that will haunt him forever.
He said the hardest thing he had to do was to tell their three older children that their mother and baby sister were not coming home from the hospital; they were dead.
After their funeral, Kincaid began to share publicly about what happened to his wife and daughter. He also created a petition to urge harsher penalties for drunken drivers, the report states.
“The max sentence for killing my wife and daughter is 10 years max,” he wrote on the petition. “The state of California doesn’t think there was intent, but I know driving recklessly in that manner, he didn’t intend anything good.”
Kincaid continued: “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.”
Many states do provide justice to unborn victims of non-abortion violence; however, California’s law is “gravely deficient,” according to the National Right to Life Committee. It only recognizes unborn babies as victims in limited circumstances.