San Jose man charged with murder for allegedly driving 140 mph in crash that killed mom, toddler

SAN JOSE, Calif. -- A 31-year-old man has been charged with murder for allegedly speeding at more than 140 mph and then crashing into a car on a highway in San Jose in December, killing a woman and her 2-year-old child, prosecutors announced Friday.

Zachary Chernicky, a San Jose resident, has been charged in connection with the crash on Dec. 2 on State Route 87. A 30-year-old woman and her 2-year-old child were burned to death in the crash on the northbound side of the highway near Curtner Avenue, according to the Santa Clara County District Attorney's Office.

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Investigators determined that Chernicky was driving a Tesla 142 mph 15 seconds before the crash and 102 mph when he hit the back of a Lexus carrying the woman and child, prosecutors said.

A GoFundMe account created by the family of the victims identified them as Ivana Balistreri and her daughter Lilliana. The account had raised more than $107,000 as of Friday for funeral and legal expenses.

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The California Highway Patrol investigated the crash for months and determined Chernicky to be at fault. He was arrested on Monday and was arraigned the following day on two counts of murder, according to the District Attorney's Office. He faces significant prison time if convicted and is set to return to court on Aug. 25.

"The law says that it is murder when someone shoots into a crowd. When someone is driving 140 mph, then the driver is the shooter and their car is the bullet," District Attorney Jeff Rosen said in a statement.