Arraignment for a man facing second-degree murder and DUI charges in the death of an off-duty Costa Mesa fire captain, who was struck and killed while bicycling in Mission Viejo, was rescheduled Friday for Jan. 2 to allow his newly hired attorney to get up to speed on the case.
Stephen Taylor Scarpa, 25, of Mission Viejo, is accused in the Nov. 5 death of 44-year-old Mike Kreza.
Scarpa’s attorney, Cameron Talley, said he was hired Thursday night to represent the defendant and requested that the arraignment be rescheduled.
“This young man is not guilty of the second-degree murder charge they have brought,” Talley said outside the courtroom. “Of course, this is terribly tragic, but it doesn’t make it a murder case.”
Scarpa has no prior convictions for driving under the influence, the defense attorney said.
Typically, a deadly collision involving a defendant without a prior DUI conviction would bring a gross vehicular manslaughter charge. Senior Deputy District Attorney Dan Feldman declined to comment on why prosecutors elected to pursue a murder charge which could result in a sentence of up to 15 years to life in prison if Scarpa is convicted. A gross vehicular manslaughter conviction does not carry a life sentence.
Scarpa was behind the wheel of a van that was eastbound on Alicia Parkway near Via Burgos when it struck the 18-year veteran fire captain about 8 a.m. on Nov. 3, according to Carrie Braun of the Orange County Sheriff’s Department. Kreza was rushed to an area hospital in critical condition and pronounced dead two days later.
Sheriff’s investigators found several prescription medications in the van, Braun said.
Kreza, a married father of three daughters, was training for a triathlon when he was fatally injured.