Affidavit: DUII suspect charged with killing woman, kids had blood-alcohol four times legal limit

Police arrested 27-year-old Favian Garcia of Gervais.

Just after 4:30 p.m. Sunday afternoon, investigators say Garcia hit an oncoming car on Highway 99E near Nevada Street.

The crash killed 25-year-old Lizette Medrano-Perez of Molalla and her children, 8-year-old Ricardo, 6-year-old Andrus, 4-year-old Dayanara and her 2-year-old niece, Angelina Vazquez-Crisp, for whom she was a temporary legal guardian.

Ricardo was a third grader at Molalla Elementary and his little brother Andrus was in first grade there.

In the moments after the crash, court records show Garcia told an Oregon State Police trooper who responded to the scene "in essence he had had a hangover all day."

Garcia was taken to the hospital for treatment, and court records show "his blood alcohol content was a .318%."

He appeared in a Marion County courtroom Tuesday afternoon charged with five counts of first-degree manslaughter, felony DUII, driving while suspended and reckless driving.

Fox 12 has learned Garcia has a history of drunk driving.

He was convicted in 2011, then in late April of this year he was arrested for interfering with a police report.

In that case, court records show he was drunk when he went to a Woodburn convenience store to buy more alcohol, but the clerk refused and tried calling police. According to the records, Garcia threatened the clerk, disconnected her phone several times, refused to leave and smashed his fist against a glass window.

When police caught up with him, they wrote Garcia "was slurring so heavily" they couldn't understand what he was saying.

A few months later in July of this year, Garcia was again arrested for drunk driving after investigators said he crashed into a parked car. Court records in that case show his blood alcohol level was nearly twice the legal limit.

In both the April and July cases, records show Garcia failed to appear in court and warrants were issued for his re-arrest.

In court Tuesday, prosecutors said Garcia is a danger to the community, and the judge agreed, saying there is "clear and convincing evidence" to keep him locked up without bail.

At the site of Sunday's crash there is now a growing memorial filled with balloons, dolls and candles to remember the five people who were killed there.