As Orange DUI criminal defense attorneys, we were not at all surprised to read that Andrew Thomas Gallo has asked to move his trial. Gallo's trial has attracted a lot of publicity in Orange County because he is accused of drunk driving in the crash that killed 22-year-old Nick Adenhart, a promising pitcher for the Los Angeles Angels of Anaheim. The crash also killed 20-year-old Courtney Stewart and 25-year-old Henry Pearson, seriously injured Jonathon Wilhite, 24, and injured Raymond Alejandro Rivera. Gallo's charges include three counts of second-degree murder, DUI with great bodily injury, driving on a suspended license and hitting and running. He faces 50 years to life in prison if convicted on all charges, the Orange County Register reported April 1.
The accident happened April 9, 2009, in Fullerton, just hours after Adenhart started his fourth major league game. He was a passenger in a car driven by Stewart and also occupied by Wilhite and Pearson. As they proceeded through a green light, Gallo ran a red light and broadsided their vehicle. Stewart's vehicle slammed into a light pole and Stewart and Pearson died at the scene, while Adenhart died at the hospital. Wilhite's skull was severed from his spinal cord, but successfully reattached. He is now in intensive rehab. Rivera, Gallo's passenger, suffered minor injuries but Gallo, unharmed, fled the scene on foot. He was later apprehended and subjected to a test showing he had a BAC of three times the legal limit. (Tests also showed that Stewart had a BAC of 0.16.) Gallo had a prior conviction for drunk driving and did not have an active driver's license the night of the crash.
As Fontana drunk driving criminal defense lawyers, we wonder about the choice to charge Gallo with second-degree murder. The article notes that prosecutors charged second-degree murder rather than vehicular manslaughter while intoxicated because Gallo had a previous DUI conviction, which meant he knew drunk driving was wrong. However, murder may be a difficult charge to prove. California law defines murder as a killing "with malice aforethought." The circumstances suggest that Gallo didn't even know the victims, but the law permits prosecutors to find implied malice "when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart." The prosecutors are essentially arguing that this was shown by Gallo's choice to drive drunk a second time. That's a lot for the jury to swallow, especially when the lesser charge of gross vehicular manslaughter fits the circumstances so well.
Howard Law, P.C. represents clients charged with driving under the influence anywhere in California. Even a first DUI can change your life in important ways, costing thousands of dollars and taking away your driving privileges. Repeat DUIs can land you in jail or prison and interfere with your livelihood by revoking your license for longer. Our Riverside County intoxicated driving criminal defense attorneys help clients avoid these harsh penalties by defending against a drunk driving conviction. Even if the police have a troubling BAC reading, remember that they cannot use that evidence unless it was properly collected and stored. The initial traffic stop that resulted in that evidence must also have been legal. By challenging shaky or tainted evidence, drivers can undermine the cases against them, allowing dropped or severely reduced charges.
If you're charged with drunk driving in California, don't wait to call Howard Law, P.C. for help. To set up a free, confidential evaluation of your case, please contact us online or call 1-800-872-5925 today.
