UPDATE: Alleged Drunk Driver Jessica Mercurio is Still in Jail – Her Victim Remains in Critical Condition

June 28, 2013 14:50 pm · 136 comments


Jessica Mercurio, the 21-year-old Concord resident who was arrested on Thursday for allegedly drinking & driving and causing a crash that left a motorcycle rider in his 50’s in critical condition, is still locked up today, almost 24-hours after the near fatal collision in Downtown Clayton, according to the Contra Costa County Jail.

Claycord.com has learned she is in jail on two separate charges; DUI and DUI causing great bodily injury. Her bail has been set at $100,000.

The motorcycle rider, who hasn’t been identified, is still in critical condition at John Muir in Walnut Creek.


photo credit: “Flash”

101 John Nguyen June 29, 2013 at 4:26 PM

She can now be full of regrets. Hopes she gets murder instead of vehicular man slaughter. Forever in prison. Years down the road she would probably be the one talking to our kids about drinking and driving.hope the biker makes a full recovery.

102 Larkin Walken June 29, 2013 at 4:27 PM

Perhaps a Facebook page should be started up to take care of updates on the victim and where people can donate funds to help in his recovery. Praying that he makes it.

103 Adam June 29, 2013 at 5:46 PM

Such a terrible turn of events. I pray for the 2 people and their families. I know Jes, and she is an amazing person who made a terrible decision. Jes has a huge heart and cares so much about other people. Believe me. I am not justifying her decision to get behind the wheel after drinking at the bar. But I do know that her heart is broken and I know she is praying for that man. All of u people making all these ingnorant comments need to shut the f up. I pray that man makes a full healthy recovery and I know jes will dedicate her life in the future to help people not make the same decision she made that thursday evening.

104 Gabe June 29, 2013 at 5:48 PM

@niki I also am a healthcare provider and was just getting off work when I seen your friend laying face down on the ground. I witnessed The drunk idiot turning him over. I got out of my car and ran over to him to offer what assistance I could as she was crooning and crying about how bad she felt she kept wanting to touch him and kept putting her hands on him as l was leaning over him and assessing his situation. I told her YOU NEED TO STOP TOUCHING HIM YOU NEED TO GET BACK. she was really out if it so I asked another person a lady that had witnessed everything to get her away from him. Thank you to the same lady that held the blanket over him to keep the sun off and to the others that stopped to help, thanks. I told your friend keep breathing buddy keep fighting dont stop breathing dont stop fighting. I stayed with him and assisted the firefighters and paramedics as much as I could. My hat goes off to the firefighters and paramedics, they went into action right away on your friend and needless to say they did a hell of a job if any of you are reading this you guys and gals rocked! …Just know at your friends time of need he was not alone. I hope and pray he makes a full recovery. If there is anything else I can do just ask. I will continue to read this and I will look into donating too. The guy has been in my thoughts since this happened.

105 Mama Dog June 29, 2013 at 7:37 PM

Adam, why don’t you shut the f up and stop defending a monster who knowingly did something that anybody with a brain knows can kill somebody.
“amazing” people who care about other people do not drink and drive, by doing so, she proved that she cares nothing about human life.
You’re showing your ignorance by defending this idiot.

106 Mama Dog June 29, 2013 at 7:41 PM

Hit submit too soon.
So Adam, I guess it’s ok to almost kill somebody as long as you feel bad and pray afterwards? What would you be saying if it was your mom, or sister or child lying in that hospital fighting for their life?
Why don’t you take a trip down to the icu and tell the victims distraught family how amazing your idiot friend is?

107 mamad June 29, 2013 at 8:09 PM

mamadog just put it so well….

108 Niki June 29, 2013 at 8:20 PM

Gabe I know I can speak for all of His Friends & Co-Workers when I say “Thank You for caring, reminding him to fight & staying with Him until Medical Personel arrived”. And to the Firefighters and Paramedics we could never thank you enough. Sometimes people forget that you are the first ones to arrive on the scene & that you dedicate your lives to helping save our loved ones lives. God bless you!
Please continue to Pray for my Friend….. No update to report on his condition.

109 Atticus Thraxx June 29, 2013 at 9:10 PM

Saved me some typing Mama Dog. Typical community college pseudo-sociology bullcrap that will no doubt try and turn this little s**t into the victim.
I won’t have it. Glad to see you feel the same and said so.

110 Kim Hanson June 29, 2013 at 9:24 PM

The whole thing is just very sad. No words can describe the pain these families are going through. She needs to take her punishment like a man. She made a very bas choice. Makes me cry.

111 Yhe Phantom June 29, 2013 at 11:38 PM


“All of u people making all these ingnorant comments need to shut the f up. I pray that man makes a full healthy recovery and I know jes will dedicate her life in the future to help people not make the same decision she made that thursday evening.”

Please don’t tell me she is already planning to start a 501(c)3 information resource giving power point presentations to young drivers…after she finishes jail, fines, and community service…while he suffers forever, if he is lucky enough to live.

Lots of reformed addicts and felons are trying to do this. It’s a cottage industry. Lasts about 18 months.

She wants a new career and he gets all the pain.

We have been on both sides so we know these things. Sad but true for many lucky people here. We didn’t kill anybody…lucky us.

This is not the place for you to tell us to stfu…who are you?

Prayers for the rider, deep prayers.

112 Tina Hadaway June 30, 2013 at 12:26 AM

@mamadog I will have more info Monday as far as fundraising goes. Thank you!
@Gabe and the first responders…thank you, there are not enough words to accurately express gratitude for your immediate actions.

As far as an update on the victims condition. His work family will respect his privacy and his families wishes. Just pray, send positive thoughts or kind words, be good to eachother and please donate when we have the account set up. Thank you.

113 Fred jones June 30, 2013 at 12:31 AM

Can somebody explain to me how a 21 yr old girl walks into the Clayton Saloon in the afternoon and drinks whatever she drinks and walks out and gets into her car and can’t make it more than a half of a mile before this tragedy happens? Was she a ghost? Did no one see what was going on…perhaps the bartender who served her the last drink…or the friends she may have been with…or any one who was there?

I wish I was there…because I would have stepped in…

114 jessica odom June 30, 2013 at 3:59 AM

Yeah, she made a horrible mistake. But I promise you she means the best outof everyone I know. Swetest girl around. Would do anything for anyone. No excuse for her driving drunk, but I know shes a good girl.

115 Connie Dobbs June 30, 2013 at 10:01 AM

#113 I’m with you, Fred. It’s against the law to serve a drunk person, no matter how sweet she is. If she drank in a bar, that establishment should lose its liquor license. At least fire the bartender who cares more about tips than the safety of his/her guests.

116 TinFoiler June 30, 2013 at 11:36 AM

Bunch of Hot Air being spewed. Post up some solutions – Because in the Final Scheme of Things it will boil down to Forgiveness between the Motorcyclist and Jessica – It’s His choice on what he will do. Yes, I know many other were affected by this, but it is only going to consume you and ruin your Health if you don’t figure out how to deal with it. What’s done is Done.
#113 & #115, I think those laws already exist. Of course Everybody “Needs” their poisonous alcohol spirits so we won’t consider looking at that, Sheep need to be numbed! Liquor Corporations Have their Tentacles Deep in Society and Politicians.
Positive Intentions and Strength sent to the Motorcyclist for His recovery.
There’s too much LOOSH in this World, and it’s keeping the current system in power.

117 KenInConcord June 30, 2013 at 11:48 AM

This forum is not the place and try and defend this girls inexcusable actions.

Save all that “two lives have been ruined” crap for you 10th beer with the other drunks at the bar on Main Street!

Remember after Medendez Boys killed their parents. Their lawyer asked the the jury to show sympathy for them because they were orphans!

118 KenInConcord June 30, 2013 at 11:55 AM

The bar is already starting their legal defense.

“Several patrons overheard Jess saying “I’m going to wait for my ride out front” when she left the bar.”

Free beer for life! If you will say that in court!!!!

119 weneedtobepositive June 30, 2013 at 11:03 PM

Sending prayers and good thoughts to the motorcyclist and his family.

As for Jessica, we can only hope that this is something she will learn from. And I hope this is any eye-opener for all young adults who are following this story. I went to the same high school as Jessica and I noticed someone above commented something along the lines of “good to see Every 15 Minutes is working”. Alhambra High School didn’t put this program on for us and I hope this story makes them realize that we need to be educated the terrible consequences that drunk driving can and OFTEN does have on people. While I think it goes without saying that we shouldn’t drink and drive, it’s something that all young adults should learn about and be spoken to about because many parents are oblivious to the fact that their kids drink and assume that its something that doesn’t need to be talked about. Really hoping this can be a lesson for others out there. What a heartbreaking tragedy to be involved in. Not worth it.

Again, sending only positive thoughts and prayers to all parties involved. There is no point in writing nasty words in an online blog. Healing is a POSITIVE experience and we all need to be thinking about the motorcyclist at this time.

120 Update on the Biker??? July 1, 2013 at 9:20 AM

Does anyone have any more updates on the condition of the biker? Hoping and praying he’s pulling through this. Please someone update on the biker! Not the driver, not the bar, THE BIKER!

121 *sigh* July 1, 2013 at 9:41 AM

the bar cut her off by the way…and told her they would get her a cab. she supposedly said she had a ride but instead got into her car, and locals + i think a bartender followed her out to make sure, but she got into her car. Opinions are like assholes, everybody has one. What we need to do as a community and friends/relatives of both parties is help eachother in this time. It’s a critical thing that we are there for the poor gentleman who is in ICU and for the young woman, to not say “I told you so”, but to tell her this is reality. THIS is what happens. And she will have to go from there in life. Hopefully making better choices for herself and others so they don’t repeat what she’s going to be going through.

My thoughts are with the victim’s family on a daily basis and with him. Hoping for recovery in general!! That he gets 50 more years with his family and friends <3

122 Antler July 1, 2013 at 10:56 AM

Connie at #115 ~ ~ ~ YES!

And to ALL Claycordians ~ ~ ~ It is non-productive to engage in moralizing blame-game discourse here re the drunk person’s “responsibility”, “decision”, “morality” and the like because


A drunk will BELIEVE and say “Oh, yeah, I’m just fine”, or “yeah, I’ll wait for the taxi”, or “my friend here is the designated driver” (vague hand wave toward back of room). Or the bar tender can cut off that one drunk person from ordering, but then others at the person’s table can pour some of their drinks into her glass, or let her drink from their own glass and order more. It’s complicated: Does a bar have the legal right to station an employee at the door and to require each patron to walk a straight line, pass a breathalyzer test, and clearly string together a cogent sentence before being electronically buzzed out of the bar? Can the police intervene if they observe an alcohol-impaired person even starting to get behind the wheel of a car? (In some past threads, I have read others of you saying “no”, “violation of my individual rights”, “no stake outs in bar parking lots”, etc..)

What are some pragmatic answers as to how we can prevent DRUNKS from physically harming others?

123 Connie Dobbs July 1, 2013 at 12:27 PM

#118 That won’t help the bar owner at all. His agent (the bartender) served an obviously inebriated patron, which is against the law in California and will cause revocation of the bar’s liquor license. It may make the establishment civilly liable as well; I don’t know for sure.

124 wow everyone... July 1, 2013 at 1:48 PM

1. What she did is inexcusable and should be prosecuted through the proper legal channels. There is, however, a point when outsider’s comments and opinions through public networks becomes harassment. The law should show no mercy on the situation for her so that she may pay her dues in all ways she is found accountable in her trial. None of you are her jury regardless of how awful this situation is.

2. Sending well wishes to the family of the biker victim is where your time can be better spent. If all of the people on this site are so righteous in everything they apparently post, maybe your high and mighty set of morals can walk you down to a card shop to purchase a nice note to the victim’s family. If you do not know the status of the rider, it’s the family’s right to keep that private until they deem fit for the release of that information to anyone outside their family and close friends.

3. Anyone who blames the establishment when they were not physically present for the situation has no idea what the complications can be for any small business – especially a bar. FYI… Most places, including this one, have cameras that show the bartender following procedure in cutting her off, trying to buy her a cab that she did not even have to pay for, her not being there with any personal friends who could get her keys away from her, her saying her ride was on his way, etc. There are also people who may be testifying that were actually there about the name of the person who she claimed was picking her up – who appeared at the accident after it happened. Not that these things are actually anyone’s business but those involved…

Everyone is entitled to an opinion, but unless you form that opinion utilizing some sort of FACTS about the girl, the rider, the bar, or whatever idiotic thing you are going to fabricate a mess of unimaginative malarkey about, you are a disappointment to the intelligent people that gave you the right to free speech. Yes the girl is a posterchild for the awful things that can happen when people make very bad choices. Yes people who are near and dear to her are going to wish something better had happened that day other than what she decided. Yes the rider did not deserve any of this and will hopefully pull through. Yes the bar has obligations that no one on here has thus far had the right to say whether or not they did/didn’t abide by. Yes there will be a trial. That is where opinions, decisions, and evidence will matter.

This comment is clearly not directed at anyone who was nice enough to assist at the accident, provide a real update regarding the rider’s condition, or personal friends and family of anyone involved.

125 Family Member July 1, 2013 at 8:07 PM

The motorcyclist is still in critical condition but is improving.

126 Sue July 1, 2013 at 10:20 PM

Wonderful to hear that he’s improving! Please tell him he is in the thoughts of many here.

127 Connie Dobbs July 2, 2013 at 12:57 AM

#124 I was speaking theoretically (you’ll notice I said “if”) but hey, thanks for sharing.

128 Me July 2, 2013 at 7:27 AM

Power of Prayer ~

129 Antler July 2, 2013 at 7:43 AM

Thank you, Family Member, for your consideration in letting us know. And thanks to the Mayor for placing this thread back into to the left-side “fast find” column.

Continued hopes for the victim’s complete recovery.

130 Tina Hadaway July 2, 2013 at 1:57 PM

For all the supporters and well wishers of the victim and his family….
There will be information soooon regarding a personal fundraising website. The family is working hard to get this set up asap.

Please do not lose your positive momentum…stay in touch with anyone and everyone from your PTA friends to your biker friends….because our friend will need them!

Thank you

131 Tina Hadaway July 2, 2013 at 1:59 PM

And a very big thank you to Mayor Pierce for taking the time to chat yesterday! Your kind words and support were passed on to the victims family.

132 Mama Dog July 2, 2013 at 7:20 PM

Are there any updates? Is the driver still in jail? How is they motorcycle rider? Why hasn’t he been identified?

133 Larkin Walken July 2, 2013 at 9:06 PM

@Mama Dog, read back through the comments. The motorcyclist was identified, is in ICU in critical care but is improving (thank God) accdg to a Family member.

134 Mama Dog July 2, 2013 at 10:21 PM

I saw they improving part, which I’m so happy about but I wasn’t aware that he had been identified.
I hope he continues to improve. Praise to they Drs and nurses and everybody who has, I’m sure worked tirelessly to help this man.

135 Tina Hadaway July 2, 2013 at 10:54 PM

If you are interested in donating to the victim the link is below:

Thank you to all the supporters! Please, if you’ve made negative comments save them for this venue. The donation site needs positive vibes only!!

Keep the focus on healing and recovery…that is what is needed most.

Thank you

136 Mama Dog July 2, 2013 at 11:31 PM

I just shared they link on my Facebook.
I’m going to pass it along to anybody I can think of.
Tell Mark T. that he has all of Claycord behind him.

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