Edward John Schaefer, 43, could face 17 years to life in state prison if convicted of second-degree murder and a sheet of related charges for the death of Melody Osheroff and the maiming of her father, Aaron.
District Attorney Ed Berberian said the murder charge applies because Schaefer's history of drunken driving qualifies as "implied malice," a legal standard for second-degree murder.
Schaefer's alleged blood-alcohol content was .16 percent - twice the legal limit for driving - when he struck the Osheroffs in a crosswalk Wednesday night, authorities disclosed Friday.
Schaefer was also charged with gross vehicular manslaughter while intoxicated, causing injury while driving under the influence and mayhem.
The charge of mayhem applies when a victim suffers permanent disfigurement or dismemberment. Aaron Osheroff, 41, was forced to have a leg amputated after the collision.
Authorities said Schaefer has six prior DUI convictions from 1990 to 2004 in Marin and Sonoma counties and Washoe County in Nevada. Prosecutors are still researching his criminal history for other convictions.
Schaefer also served a prison term for felony domestic violence, authorities said.
Schaefer did not appear in court Friday because he remains hospitalized under police watch. He
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suffered moderate injuries in the collision and was taken to Marin General Hospital.
When he is released from the hospital, he will be booked into the county jail. His bail is set at $1.5 million.
"We're going to do all we can to see he gets what he deserves," Berberian said.
Schaefer's family could not be reached Friday, and a public defender declined to comment on the case.
An arraignment was tentatively scheduled for 9 a.m. Monday in courtroom C in Marin Superior Court.
Under state law, first-degree murder is a "willful, deliberate and premeditated killing" with malice aforethought. Second-degree murder is not premeditated, but prosecutors must still prove there was malice, either expressed or implied.
In other fatal DUI cases, county prosecutors have argued that drivers with prior DUI convictions showed implied malice because they knew beforehand the consequences of drunken driving.
The collision occurred shortly before 9 p.m. Wednesday when Melody and her father were crossing San Marin Drive at San Carlos Way. According to witnesses and police, Schaefer raced up eastbound San Marin Drive on his motorcycle and struck the Osheroffs in the crosswalk without slowing.
Schaefer's estimated speed remains under investigation, but Berberian said it appears he was well over the speed limit. The limit is posted at 35 mph.
Melody, who was a fourth-grade student at San Ramon Elementary School, died the next morning at Children's Hospital in Oakland.
Aaron Osheroff was airlifted to Santa Rosa Memorial Hospital with critical injuries, including a broken leg and a partially severed leg. One of the legs was amputated.
He remained at the hospital in serious condition Friday, a spokeswoman said.
A memorial fund has been established for Melody's family. Donations can be made in person at any Wells Fargo branch in Marin, or mailed to "The Osheroff Family Fund," c/o Wells Fargo Bank, 1590 Grant Ave., Novato, CA 94945.
Let Us All Remeber Melody's Family When We Pray And,
As Hard As It Maybe For Us To Forgive, God Is A Forgiven God. Let Us Pray That This Man Runs To The Lord For Salvation..Forgiveness....
