'Not above the law': Families of Marines killed in crash push for prosecution of deputy

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'Not above the law': Families of Marines killed in crash push for prosecution of deputy
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Orange County prosecutors weigh whether to charge the Los Angeles County sheriff's deputy implicated in a Mission Viejo car wreck that killed two Marines.

Marine Lance Cpl. James Patton and Lance Cpl. Samantha Berrios were killed last year when a truck hit their disabled vehicle on an Orange County freeway.It’s been almost a year, and Michael Patton still wants justice. To him, that means seeing criminal charges filed against the driver who killed his son.

According to a California Highway Patrol report, the Marines’ Honda was too damaged to drive, so Patton and his friends got out to call for a tow truck. The driver — Aden Baker — stayed outside the vehicle, but Patton and fellow Lance Cpl. Samantha Berrios got back in the car because they were cold. The impact knocked off the bumper and cracked the windshield of Miscione’s truck, but records show it smashed the trunk, shattered the windows, flattened the rear tires and even crushed the hood of the Marines’ Honda.Patton and Berrios both died at the scene.

“She always said she wanted to rise above and feel like she could make a difference,” Nancy Berrios said. “One day just out of the blue, she said: ‘I’m going to be a Marine.’”“But she kept going and did what she had to do,” her mother said. “She was a tough cookie.” After high school, he went to Parris Island, where — because he was an Eagle Scout — he started at the rank of private first class. He advanced to lance corporal and was “well on his way to corporal” before he died, according to his father.

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