A 54-year-old San Clemente man accused in an allegedly drug-fueled collision that killed a boy days away from his first birthday and seriously injured his parents in Rancho Santa Margarita has been released from jail without charges, but District Attorney Todd Spitzer said Wednesday his office is continuing to investigate.
“The investigation is continuing into the death of 11-month-old Madden Ohlwiler, who was killed by a driver who drove onto a Rancho Santa Margarita sidewalk on Sunday,” Spitzer said in a statement.
The deadline for prosecutors to file charges against the driver, Daniel Patrick Lenihan, while in custody was Tuesday. Since prosecutors have not yet charged Lenihan with any crime, he was released from jail. But Lenihan could still be charged at a later date.
“Madden’s parents were injured in the crash,” Spitzer said. “The Orange County District Attorney’s Office, working closely with the California Highway Patrol and the Orange County Sheriff’s Department, has asked for expedited toxicology reports. Once the investigation is turned over to the District Attorney’s Office, prosecutors from the Homicide Unit will review the totality of the evidence and make a determination on what crimes can be proven beyond a reasonable doubt.
“California law requires defendants be charged within 48 hours of his or her arrest. As such, the suspect in this case was released from custody pending further investigation. These cases are some of the most horrific we deal with and we appreciate the outpouring of support from the community as we continue to pursue justice for the victims in this case.”
Lenihan was booked on suspicion of driving under the influence of drugs and was being held on $100,000 bail before his release, according to jail records and the California Highway Patrol.
The collision occurred about 4:15 p.m. Sunday on Antonio Parkway just south of Oaktree in Rancho Santa Margarita, according to the CHP.
Lenihan was driving a 2016 Hyundai Sonata northbound on Antonio when he veered off the road and slammed into the family of three — 34-year-old Kyle Ohlwiler, 31-year-old Hayley, and their 11-month-old son, who was in a stroller, according to the CHP. The infant, whose birthday was April 7, was identified as Madden Robert Ohlwiler, according to the Orange County Coroner’s Department.
The parents were rushed along with the baby to Mission Hospital in Mission Viejo, where the infant was pronounced dead, according to the CHP.
According to a GoFundMe page established to benefit the family, the parents remain hospitalized. Kyle Ohlwiler was concussed and has stitches in his neck, while his wife suffered a fractured pelvis.
The GoFundMe page had raised nearly $175,000 as of Wednesday.