Man accused of crash that killed SLO County boy was found at friend’s house. What happened?
The Atascadero man accused of being the driver in the hit-and-run that killed an 11-year-old boy on Friday was arrested on unrelated charges within hours of the crash, Atascadero Police Department Chief Daniel Suttles confirmed to The Tribune on Monday.
But police didn’t announce a suspect was in custody until the next day as they investigated the high-profile case.
Suttles told The Tribune that while 31-year-old Zachary Bernal had been identified as a person of interest soon after the crash that killed sixth-grader José Gutiérrez as he walked home from school, Bernal was not immediately arrested in relation to the crime, as was reported on social media and in at least one unverified news report.
On Monday, the police chief called out the early reporting in the wake of the incident — specifically a story by Cal Coast News that said there was an arrest in relation to the crash — saying it was misleading and inaccurate.
“I am disappointed that Cal Coast proceeded with this report without proper verification,” Suttles said. “Prioritizing being first over being accurate — especially in a case of this magnitude — is both unprofessional and irresponsible.”
He said that the unverified information, which was also circulated on Facebook, could have negatively affected the investigation because police did not have the proper evidence to charge Bernal with the hit-and-run at the time of Bernal’s initial arrest.
“I’ve worked very closely with a lot of reporters and never have I ever had anybody do that — to actively do something to undermine an investigation specifically on something so touching (and) emotionally disturbing as the death of a child,” Suttles said. “I found it especially disturbing.”
He added: “Only verified information will come out of the Police Department.”
Cal Coast News reporter Karen Velie, who wrote the story Suttles said was misleading, did not respond to The Tribune’s request for comment.
As part of its Reality Check series, The Tribune spoke with Suttles to set the record straight on how the investigation unfolded.
When and how was suspect in fatal hit-and-run arrested?
Bernal was first identified as a person of interest because he was the registered owner of the pickup truck that was believed to have been involved in the crash, Suttles told The Tribune on Monday. The truck was found abandoned at a nearby apartment complex Friday afternoon.
Police did not yet have evidence that Bernal was the driver, Suttles said, so officers went to question him.
Bernal was located at a friend’s house near San Diego Way a few hours after the crash, Suttles said. Bernal was not found hiding in a garage, he added.
During questioning officers found that he showed signs of being under the influence of a controlled substance, so they arrested him on suspicion of unrelated drug charges, Suttles said.
They did not yet have evidence he was the driver of the vehicle, the chief said, so the department and the city continued to maintain no arrests had been made in relation to the crash — contrary to reports saying there had been.
Meanwhile, Bernal was booked at San Luis Obispo County Jail at 11:49 p.m. that night, jail records show.
On Saturday afternoon, nearly 15 hours after the San Luis Obispo County Sheriff’s Office booking logs showed Bernal was in custody and two hours before his arrest was announced, Suttles continued to tell The Tribune that no arrests had been made.
“I know that there was some reports that some arrests had been made in relation to this, and that’s just not the case,” Suttles said around 2:20 p.m. “We’re still investigating, still working, and we will keep on going, but right now, no arrests in relation to this hit and run has been made by the Police Department.”
On Monday, Suttles explained the discrepancy.
He said police did not disclose the unrelated arrest because often when the public hears an arrest has been made, even if unrelated, police worry it could dissuade people who may have been witnesses or have video or photos from coming forward.
“When we put out information that says this person was arrested in relation to or for this specific crime, I think it lessens the urgency of those who are willing to help because they’re like, ‘Well, they already got him. Maybe they don’t need my information,’” Suttles said.
Suttles said police added the suspected hit-and-run charges once they had the proper evidence to back it up the following day.
Then, at 4:15 p.m. on Saturday, the Police Department sent out a news release announcing the arrest and naming Bernal as the suspect.
As of noon on Monday, Bernal was in custody at the jail on suspicion of hit-and-run causing death and driving under the influence. He was being held on $1 million bail.
The San Luis Obispo County District Attorney’s Office had not yet filed formal charges relating to the crime, also as of noon Monday. But Assistant District Attorney Eric Dobroth said he should make his first court appearance on Wednesday.
While Bernal does not appear to have a previous criminal record in San Luis Obispo County, according to court documents and the district attorney’s case search, he does have a record in Santa Cruz County.
According to Santa Cruz County Superior Court records, Bernal was convicted of petty theft crimes in 2013 and 2014, vandalism in 2014, misdemeanor drug crimes in 2014 and 2015, and felony having contraband in jail in 2015.
Anyone with information about the case is asked to contact the Police Department at 805-461-5051 or its detective bureau at 805-470-3252.
For anonymous tips, call San Luis Obispo Crime Stoppers at 805-549-STOP.
This story was originally published March 17, 2025 at 2:31 PM.
CORRECTION: A previous version of this article misstated Zachary Bernal’s criminal record. The article has been updated to clarify he does not appear to have a record in San Luis Obispo County, but he had been convicted of drug and petty theft crimes in Santa Cruz County between 2013-15.
