Jackie Cruz Acencio says her 8-year-old daughter, Arya, was killed and her husband, a U.S. Marine, critically injured in a Thanksgiving crash investigators allege was caused by an intoxicated undocumented driver. The suspect, 25-year-old Bryan Josue Alva-Rodriguez, was arraigned on charges including murder, vehicular manslaughter and DUI while hospitalized. ICE says he entered the U.S. in 2018, faced prior DUI charges, and had a 2023 deportation order he allegedly did not comply with. The case has also intensified debate over non-domiciled commercial driver’s licenses and a federal Jan. 5 deadline tied to potential funding penalties.
Mother Speaks Out After Alleged DUI By Undocumented Driver Kills 8-Year-Old, Critically Injures Marine Father
An illegal migrant was charged with murder for his involvement in a fatal accident near San Diego, Calif., that killed an 8-year-old girl and injured multiple people.
A California mother is speaking publicly after a Thanksgiving weekend crash that prosecutors say was caused by an allegedly intoxicated undocumented driver and that killed her 8-year-old daughter while leaving her husband, a U.S. Marine, critically injured.
Jackie Cruz Acencio said her family was returning from a holiday visit when their vehicle was struck head-on. The child, identified as Arya Cruz Acencio, did not survive the collision. Jackie told Fox News correspondent Matt Finn she has sympathy for migrants seeking a better life but none for the man she holds responsible for destroying her family.
Suspect, Charges and Immigration History
Authorities have identified the accused as 25-year-old Guatemalan national Bryan Josue Alva-Rodriguez. While hospitalized and receiving treatment for his injuries, he was arraigned and is reportedly facing charges that include murder, vehicular manslaughter and driving under the influence.
U.S. Immigration and Customs Enforcement (ICE) said Alva-Rodriguez entered the United States on Feb. 8, 2018, and was arrested by Border Patrol agents in Calexico, California. ICE said he was issued a notice to appear in immigration court and released. During immigration proceedings, authorities say he was charged with two prior DUIs on Sept. 6, 2020, and April 7, 2021, and that an immigration judge ordered his deportation on March 16, 2023 — an order ICE says he did not comply with.
"Now an innocent life has been lost in a tragedy that could have been prevented," ICE wrote on X, commenting on the case and the suspect's immigration history.
Crash Details and Family Impact
Investigators allege the suspect crossed a double yellow line and struck the family's car head-on while driving under the influence. Jackie described the moment she found her daughter not breathing and initially mistaking Arya's stillness for sleep. "We didn't deserve it, and nobody does," she told reporters.
Jackie's husband, identified as Oscar, has suffered catastrophic injuries in the crash. Medical teams have amputated one of his legs and are treating him for a traumatic brain injury. He remains hospitalized at a Navy medical facility in San Diego and is still fighting for his life more than a month after the collision.
Broader Context
The case has been cited by federal authorities amid an ongoing debate over state policies that allow noncitizens to obtain commercial driver's licenses. Federal officials and California have clashed over rules for non-domiciled commercial driver’s licenses (CDLs); federal authorities set a Jan. 5 deadline for California to revoke licenses they deem improperly issued and have warned of withholding nearly $160 million in federal transportation funds if the state does not comply.
The crash raises questions about immigration enforcement, public safety, and prior criminal charges. For the Cruz Acencio family, the consequences are deeply personal: the loss of a child, a husband with life-changing injuries, and ongoing legal proceedings as authorities seek accountability.
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