SLO County man pleads guilty to killing 11-year-old boy in hit-and-run

An Atascadero man has pleaded guilty to hitting and killing an 11-year-old Atascadero middle schooler in March.

Zachary Bernal, 31, entered guilty pleas to all charges filed against him: vehicular manslaughter, hit-and-run causing death or injury, and possession of a controlled substance. He also admitted to committing vehicular manslaughter and fleeing the scene, which could enhance his sentence, court documents show.

The sixth-grader who Bernal killed, José Gutiérrez, was walking home from school less than 100 yards from his home on March 15 when Bernal’s truck came barreling off El Camino Real. Just before Bernal’s truck killed him, José yelled for his friend to “look out,” saving his friend’s life.

The warning earned him a posthumous award from the Atascadero Police Department, honoring José’s heroism.

José dreamed of becoming a police officer — a favorite memory cherished by his mother, Maria Orozco.

Bernal entered a plea last week without negotiating any sort of settlement, so San Luis Obispo Superior Court Judge Crystal Seiler has full discretion when she sentences Bernal on June 25.

The maximum amount of time Bernal faces is nine years and eight months in state prison, San Luis Obispo County Assistant District Attorney Eric Dobroth told The Tribune.

Vehicular manslaughter is not considered a violent crime under California’s Penal Code, meaning Bernal would serve half of his sentence if he has good behavior.

This story was originally published May 28, 2025 at 11:56 AM.