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Killer of Temecula Man Sentenced to 4 Years

The La Quinta woman had an empty vodka bottle in her car. Her BAC tested at 0 percent, but a sample wasn't taken until six hours after the crash, due to the severity of her injuries.

A La Quinta woman who admitted driving under the influence and causing a crash that killed a Temecula man on Interstate 10 was sentenced today to four years behind bars.

Elizabeth Minnie McGarvin, 52, pleaded guilty to one felony count of DUI gross vehicular manslaughter on June 19, shortly before her trial was scheduled to get under way.

She tested positive for benzodiazepines, a family of depressants, and ethanol after the Sept. 6, 2007, crash that left 50-year-old Gary Eugene Kraus dead at the scene and McGarvin with serious injuries.

Kraus swerved his Nissan Altima and slammed into a big rig while trying to avoid a head on-collision with McGarvin's eastbound Mitsubishi Eclipse. She lost control of the car, which crossed into westbound lanes of I-10 near Jefferson Street in Indio, according to the prosecution and the California Highway Patrol.

"While Mr. Kraus was able to avoid having the defendant's vehicle collide directly into his, while he attempted to swerve back off the south median and into the No. 1 lane, he lost control of his vehicle and it became lodged underneath the freightliner's trailer,'' according to the prosecution's trial brief.

The driver of the big rig was not injured. McGarvin had skull, rib and collarbone fractures and was on life support for a time, according to the prosecution.

In McGarvin's car, authorities found four prescription drug bottles, including Seroquel, which is used to treat schizophrenia; Topomax, for seizures; and Oxazepam, which is used to treat anxiety.

They also found a partially empty vodka bottle, but her blood-alcohol level tested at 0 percent. Because of McGarvin's injuries, however, a sample wasn't taken until six hours after the crash, according to the prosecution.

Brenda June 29, 2012 at 09:29 PM
"gross vehicular manslaughter, 4 years" On all those medications that say do not operate cars or machinery, and then alcohol, she knew way before this accident that she should NOT drive and that if she did she could kill someone. Because the laws do not see these drunk or drugs collisions as premeditated, but accidental these murderers get 2 to 4 years for the above sentence. Its ridiculous you can kill anyone, even 5 anyones in a DUI wreck and basically get off. 4 years is NOTHING for the murder of innocent lives. IT IS premediated, we are NOT IGNORANT, and we know that driving under the influence of anything, and especially a mixture, is possibly going to get people killed or seriously injured. ITS MURDER 1, and we are letting these people off every single day. This is a slap in the face to this mans family and friends.
system enablers July 02, 2012 at 05:32 AM
Other names assumed by Elizabeth Mcgarvin Elizabeth Micotto Elizabeth Zawojski
system enablers July 02, 2012 at 05:48 AM
With in regards to what Brenda said could not agree more , Brenda may add that the System also carries blame that the system enables and creates the cracks for these repeat offenders self ammitted Alcholics to keep drinking on the path of destruction until the damage can not bring a life back and system still enables even after a conviction . The professional enablers such as Attorneys / Judges / counslers / 730 Evaluators / Mediators / Doctors and others as well as the spouse of Elizabeth Mcgarvin Bruce Mcgarvin and The Indio Larsen Riverside Court System.
stupidity irks me July 03, 2012 at 05:45 AM
Fact is that this woman will only spend maybe 2 or 3 years behind bars while she has ruined an entire family. The victim was about to give his daughter away at her wedding. He has 3 grandchildren he will never meet. She ruined his life, their life and only gets 4 years. She had previous DUI's, this was not her first. I am disgusted that she will get to live her life freely and she ruined an entire family.
stupidity irks me July 03, 2012 at 05:46 AM
and with good behavior, she will get lucky and get out of jail. Why is she being rewarded for killing someone? Disgusting!
stanz July 03, 2012 at 05:27 PM
Agree she should have gotten way more time...its not fair and i hope it eats her up inside the rest of her life knowing she killed a innocent man and ruined a family. Prayers go out to the family and to the beautiful bride know your dad was with you in spirit.
system enablers July 04, 2012 at 04:49 AM
City News Service : statement is missing a fact that Elizabeth blood was found to of had .04 Percent Blood Alcohol in Elizabeth Mcgarvin blood system 6Hrs later not 0 percent , and years prior Elizabeth Mcgarvin had a DUI car crash that involved 3 cars and Elizabeth Blood Alcohol was .24 and checked shortly after rose to .27 nearly 3 times over legal limit .and at that time also was mixed with prescription pills as well. The List Of Her abuse of Alcohol goes on , Elizabeth entered at least 5 rehabs for her addiction of alcohol through out the last 20 years , In documents stated by herself started drinking since the age of 13 and alcohol abuse progressed .
nobody cares October 08, 2012 at 10:24 PM
I knew Elizabeth very well. She is not the person you make her out to be. It was an unfortunate accident, noithing more. Brenda, you do not take prescriptions? Even aspirin bottles say not to operate machinery or drive. But I bet you never did that, did you? There was 0% bac, period.
system enablers October 11, 2012 at 06:41 AM
RUSS you Did not know Elizabeth McGarvin you may of known her From the AA meetings which you are not practicing the way the 12 Steps are to be applied you are out of line , that being said Grow up. To compare aspirin to the multiple drugs found in her car along with a open container of Vodka shows your lack of compassion of a loved one's member who was killed by Elizabeth.You did not read police report you did not see the evidence. What you are doing is accusing Elizabeth's Denial and perhaps when she gets out of prison the next time she drinks which she will make sure its you she runs over being life is meaningless to you & Elizabeth. Russ i believe you worked for SkyWest airlines in Palm Springs CA ? And with friends of AA your the good choice to go out and buy a round of drinks & blame .all others for your Stupidity . Russ you are Stupidity which keeps and enables the drunk to blam others which its sounds as your blaming someone else besides your so called friend Elizabeth Mcgarvin / Micotto . And further more Elizabeth still after delaying this case 27 times for nearly 5 years and then looking at 10 years at last moment pled Guilty there was no remorse there was nothing no sorrow or compassion to the Kraus Family Just Plan Denial and shacking Her head in court as if she was the victim that she Elizabeth Mcgarvin was wronged very typical of a Alcholic to place Blame on others . Yes RUSS read your 12 Steps.
JT Hiker October 12, 2012 at 01:09 AM
You are right in your comments. Let me correct a few things. I don't drink. I never worked at Sky West. And I never attended an AA Meeting. I don't know the twelve step program. I don't know how you think you know me. That's not the point. I feel for the family of the loved ones. I know I would not want to be their shoes. I just cared for Elizabeth at one time and I am saddened by the events. I stand corrected
JT Hiker October 16, 2012 at 09:33 PM
system enablers, I apologize for my unintended insensitivity towards the victim or his family. I read the court records but I see you had more facts than I was able to gather. I stand corrected. See below comments from JT Hiker...
diane magray October 19, 2012 at 10:41 AM
Elizabeth McGarvin met her "soulmate" when she met, and married, Bruce McGarvin, a sociopath who cares for only (1) himself and (2) anyone who reinforces his grandiose, over-inflated opinion of himself. It is because of his ignorant, self-righteous behavior that his wife retained her drivers license all these years until she finally killed someone. Then, after she was formally charged he, and his wife were, and still are, steadfast in their personal beliefs that they are too good for jail, or punishment of any kind, are above the law, and that Liz McGarvin was simply involved in an unfortunate accident that had nothing to do with her choices. Bruce McGarvin turned his wife into a sociopath like him.It was easy for him to control her and the rest of her family after the several head injuries she sustained over the years and all the prescription drugs and alcohol she was consuming. Elizabeth McGarvin depended upon Bruce McGarvin for everything, even her daily bread. She was too disabled to make it without him. Holding on to him was/is a matter of life or death for her. She would do anything for him, even hurt someone else. That's the way he does it...
nobody cares October 31, 2012 at 11:34 PM
HI Diane, I knew Liz in her high school days. I knew nothing of her current husband, If you don't mind me asking, it sounds that you know them quite well. Did you know her Iong? I am saddened by what I hear. She was such a caring person when I knew her. We emailed each other often until about 5 years ago, then nothing. I am sorry for everyone's pain.
system enablers November 16, 2012 at 06:36 AM
This is a E-mail filed by Bruce Franklin Mcgarvin , The e-mail was sent by his wife Elizabeth Mcgarvin 5/28/2012 to a Attorney who was the childs Attorney Not Liz nor Bruce Mcgravins . Email 5/28/2012 Dear Sheila . Hope you're enjoying a nice 3 days weekend! Please excuse me for bothering you today , but i was curious... if i'm found guilty , will Nadine be able to reguest to stay here ( with Bruce ) to finish high school? I realize Tom , would fight it, but would she be old enough for a request? THANK YOU! Liz E-mail response from Attorney Sheila Williams of Palm Springs 5/29/2012 Remember this Is not Liz's or Bruce's Attorney Giving Legal advice Liz , There are several options. First, Bruce could file a Petition for Guardianship of Nadine. He must be able to establish that continuing a relationship with Tom is detrimental to her. The case would be filed in Probate Court in Palm Springs and the court would appoint an attorney for Nadine. Judge Cox is the Judge who handles those kinds of cases. It would be a difficult burden to prove. Remember that your custody agreement states that in the event either one of you is incapacitated, the other parent gets custody. The next option is for Bruce to file for step-parent visitation, if he is successful, Tom would have custody. While I understand the issues here, it is difficult to predict what will happen,. GOOD LUCK in your case. PLEASE keep me posted. SHEILA
nobody cares December 05, 2012 at 12:02 AM
system enablers 11:18 pm on Wednesday, October 10, 2012 RUSS PERHAPS IT WAS YOUR HAVE PINT OF POPOFF VODKA OPEN BOTTLE IN HER CRASHED CAR THAT DAY ? NO RUSS YOU DID NOT KNOW HER IF YOU DID YOU WOULD NOT BE SO STUPID TO ACT AS IF SHE WAS THE VICTIM. PERHAPS YOU BOUGHT HER ( LIZ ) THE BOTTLE OF BOOZE Knowing She was a Self ammited ALCHOLIC since the age of 13 ,5 to 7 rehabs ETC ITS individuals Like you that don't Get it , Next time I drunk driver heads down the street put your self in front of the car being life means Nothing to You. DID you read the police report Did You talk to anyone involved with the case The answer is NO so Grow up and get to your Next AA meeting and Practice the 12 steps. which you have not or you would not of wrote to this site assuming Brenda is being Unkind to your AA friend .
nobody cares December 05, 2012 at 12:11 AM
System Enablers, A little viscious towards on your comments, eh? Must have quite a grudge against the convicted. I would assume you must be simmering in your own selfish delight that the target of your anger is doing hard time. I just need to correct you on a few things: You don't know me at all. I dont drink, Never been to rehab, never worked at Skywest. But you know it all, don't you? That's what I thought. I will attend any 12 step program as long as you're there holding my hand. Loser. Oh, and next time, try spell check
system enablers December 05, 2012 at 03:19 AM
Russ You are correct you are the one with your own SELFISH DELIGHT. You are the same as your one nite stance in the sack with Liz , Are you the Victim or is Liz the Victim or did you forget who is the Victim Here ? Reminder self centered individual that you are along side Liz , IT WAS THE KRAUS FAMILY do you understand this LOSER ? so when your Love of your life gets out of the prison I am sure she will be happy to have a individual like you again to Hush Pity on her and be sure to say Liz my love You are the Victim and not the Kraus Family . Idiot and please be a hero Russ and step in front of a car of a Drunk driver .
nobody cares July 23, 2013 at 06:59 PM
System Enabler, you are quite entertaining. I bet you wish you were the drunk driver, don't you?

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