The family of a mother and toddler who were killed when a San Jose driver allegedly plowed his new Tesla into them at 140 mph is urging the judge in his murder case to deny him bail, as prosecutors say he could pose a threat to the community.
Zachary Chernicky, 31, is accused of driving his red Tesla Model Y northbound on Highway 87 in San Jose at more than 142 mph on December 2, 2025, before crashing into a Lexus carrying 29-year-old Ivana Balistreri and her 1-year-old daughter, Lilliana, as KRON4 reports. The collision caused a massive fire that trapped the mother and daughter inside the vehicle.
Chernicky is scheduled to appear for a pre-trial release hearing Friday at the Santa Clara County Hall of Justice, and the victims' family is asking the judge to deny his bail. Prosecutors have cited evidence that Chernicky could be a potential flight risk and that his behavior following the crash shows he poses a threat to the public.
According to a motion filed by Santa Clara County Deputy District Attorney Marisa McKeown, multiple witnesses saw Chernicky driving recklessly before the crash, with some reporting that he appeared to be racing a BMW. The Lexus, driven by Zachary Martins, had reportedly slowed with traffic and stopped when Chernicky's Tesla slammed into the back of it at high speed.
Martins and passing motorists tried to rescue Balistreri and her daughter as the Lexus burned, but the flames and continuing explosions prevented them from reaching the pair, per KRON4. Court documents say Martins was screaming for help as his family remained trapped inside the vehicle.
Chernicky, meanwhile, was able to get out of his Tesla with only minor injuries. Prosecutors say he did not attempt to help anyone at the scene, instead standing along the side of the road and watching the rescue effort.
NBC Bay Area reported that Chernicky was arrested in July, roughly seven months after the crash, and charged with two counts of murder. District Attorney Jeff Rosen has argued that the alleged speed and circumstances of the crash support the murder charges.
“The law says that it is murder when someone shoots into a crowd,” Rosen said in a news release. “When someone is driving 140 mph, then the driver is the shooter and their car is the bullet.”
According to KRON4, prosecutors say Chernicky's behavior after the crash showed a continued disregard for public safety, including allegedly recording himself speeding in Teslas and other sports cars in the months between the crash and his arrest. They also point to what they describe as his lack of remorse, noting that within 24 hours of the crash, Chernicky posted a photo of the burned wreckage on Instagram and wrote about surviving the crash and losing his Tesla, without mentioning Balistreri or her daughter.
Chernicky reportedly wrote the following, “Hey everyone, yesterday was absolutely insane. I’m pretty beat up.”
“I thank GOD I’m still alive,” he continued. “My Tesla is completely burned to the ground and destroyed, but I was able to escape out of the back. God is real.”
Prosecutors also cited social media posts in which Chernicky discussed potentially moving to Florida or taking a job in Paris. McKeown argues that those plans, along with his alleged conduct following the crash, indicate that he could pose a public safety risk and might flee if released.
“The defendant’s behavior and state of mind after the crash are equally, if not more, concerning from a public safety standpoint,” McKeown wrote, according to KRON4. “(Chernicky) has shown a complete lack of remorse.”
Chernicky's plea hearing was held last month in Santa Clara County court, where a large crowd of Balistreri's relatives and supporters gathered, as ABC 7 reported at the time. The hearing was postponed until November 17, and Chernicky's defense attorney is now asking the judge to release him on bail ahead of that hearing.
KRON4 reports that dozens of Balistreri's family members and friends have submitted letters asking the judge to keep Chernicky in custody.
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