A Fresno County driver arrested more than three years after allegedly running a stop sign and killing a motorcyclist on Father’s Day 2022 won’t be prosecuted after the case was dropped by the District Attorney’s Office.
The felony hit-and-run charge against Marian Louise Barrios, 45, was dismissed earlier this month after the DA’s Office determined the statute of limitations for prosecution had expired.
Had Barrios been convicted, she was facing a maximum of four years in prison.
Family members of the motorcycle rider, 39-year-old Michael Alexander Diaz, were devastated to learn the person responsible for the death of their beloved “Mikey” won’t be punished.
Sarah Ochoa, Diaz’s sister, said the family has spent four years anxiously waiting for the driver to be located, arrested and charged. And when Barrios finally was booked into jail on Aug. 4, she felt a sense of relief.
“It gave us hope that my brother would get justice,” Ochoa said. “And then we find out that they had to let her go. She killed somebody, she killed my little brother, and now she gets to go free.”
Taylor Long, public information officer for the Fresno County District Attorney’s Office, said that prosecutors met with the family directly and explained the circumstances surrounding the dismissal.
“This is an incredibly frustrating and heartbreaking outcome,” Long said in a statement. “The victim’s family has waited years for answers and accountability after losing their loved one, and we understand their anger, disappointment, and frustration.”
Long explained that when the case was submitted to the DA’s Office by the California Highway Patrol, the prosecutor carefully reviewed the investigative history and applicable law.
Based on that review and the information available to the prosecutor at the time, the case was filed July 10, 2026, she said. After the filing, the statute of limitations issue was “further evaluated in light of the full investigative timeline and applicable law.”
“It was ultimately determined that the statute of limitations had expired and the prosecution could no longer legally proceed,” she said. “Our office pursued this case when it was legally able to do so. Unfortunately, once it was determined that the statute of limitations had expired, there was no legal avenue available for us to continue the prosecution.”
Ochoa was told by prosecutors that cases of felony hit-and-run causing serious injury or death, have to be filed within three years. The crash happened in June 2022 and a criminal complaint wasn’t issued until this summer on July 10.
“Who is going to hold her accountable now?” Ochoa said. “Who is going to answer to the family and his children?”
Diaz, who was living in Caruthers, leaves behind six children. They are being cared for by his mother, Rosa Diaz, and Ochoa.
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Michael Alexander Diaz, center, and his family, from far left to right, Rosa Diaz, Julissa, Elvia (on shoulders), Sariah, Armani, Adrian and Jayden. SPECIAL TO THE BEE
“My brother is going to be missed by so many people, he had such a big heart and loved all his kids,” Ochoa said. “He never missed any of their games. He was always there for them.”
The day of the crash, Ochoa said Diaz got up early on Father’s Day to pay his respects to his deceased dad, who is buried at Fresno Memorial Gardens. Riding his motorcycle, Diaz was about 15 minutes away when the crash happened.
According to the CHP, Barrios was driving her 2002 BMW east on Floral when she ran stop sign, smashing into Diaz, who was heading north on Henderson.
The BMW spun out of control and collided with a row of grapevines and a wood pole.
Witnesses reported seeing the driver get out of the BMW and start walking east on Floral Avenue.
During the investigation, CHP officers were unable to find the owner of the car. It was registered to a man in Tollhouse, who was believed to be unhoused and last seen in Prather.
Barrios was finally arrested on Aug. 4 and arraigned two days later. She pleaded not guilty.
This story was originally published September 29, 2026 at 5:48 PM.
The Fresno Bee
A Valley native, Robert has worked at The Fresno Bee since 1994, covering various topics including education, business, courts and agriculture.