But the office dismissed the strikes last March in a plea deal prosecutors negotiated two months after Chesa Boudin became district attorney, records show. McAlister, who had been eligible for a sentence of up to 40 years to life in prison, was given credit for serving five years and released on parole.
Gascón, the former district attorney, had allowed some discretion in trying “three strikes” cases. He formed a committee of senior attorneys to analyze the facts and the strength of the evidence in such cases, with input from both the prosecution and the defense.
Parole officials said after the crash that the state agency “followed all procedures after these incidents, including conducting investigations and making appropriate referrals for the individual.”
Montoya spoke as the District Attorney’s Office on Monday charged McAlister with two counts of gross vehicular manslaughter while intoxicated in the deaths of 60-year-old Elizabeth Platt and 27-year-old Hanako Abe. They were walking in a crosswalk at Second and Mission streets when McAlister allegedly crashed into them, before trying to flee on foot.
Boudin did not respond to requests for comment on McAlister’s plea deal.