Our Santa Ana drunk driving criminal defense lawyers wrote several times here about Andrew Thomas Gallo, the allegedly drunk driver who is charged with killing Angels pitcher Nick Adenhart and students Courtney Stewart and Henry Pearson. Gallo is charged with second-degree murder under the legal theory that because he had a prior drunk driving conviction, he knew it was wrong to drive drunk but did it anyway. We thought this was a stretch for the prosecution, so we were surprised to see the same theory being tested in another trial in Orange County, that of Alex David Trujillo. As the Orange County Register reported June 9, Trujillo is accused of being both drunk and high on prescription painkillers when he drove his car directly into a Seal Beach sidewalk, killing Catherine Busse, 46, and slightly injuring her then-14-year-old son, Sam Busse.
Trujillo does not deny that he caused the crash. However, his attorney argued in court that Trujillo had not had a drink since the night before and that his blood-alcohol content may have been under the 0.08 legal limit. The prosecutor disputed this, saying Trujillo's BAC was 0.10. He was also accused of having Xanax, Vicodin and Oxycontin in his system, which his attorney said were all legally prescribed for medical conditions. Trujillo has a previous DUI from 2002, for which he took DUI classes and attended a MADD victim impact panel. For that reason, the prosecutor argued that he knew drunk driving was wrong and got behind the wheel with "complete disregard for the danger he placed on the road," meriting a second-degree murder charge. Trujillo's attorney said he did not have a conscious disregard for human life, a requirement for a guilty finding for that charge.
As Pomona intoxicated driving criminal defense attorneys, we remain skeptical that the second-degree murder charge is truly the best fit for this crime. Second-degree murder is charged for planned killings or killings that show "an abandoned or malignant heart." Drivers should know that intentionally choosing to drive while intoxicated is dangerous and irresponsible -- but even when they make that choice, they aren't consciously setting out to kill someone. For this exact reason, California state law offers a different charge to fit DUI-related deaths -- gross vehicular manslaughter while intoxicated. The difference is not academic. Trujillo faces 15 years to life for a conviction for second-degree murder, but would face four to ten years for gross vehicular manslaughter while intoxicated. Given the stakes, if the jury believes Trujillo doesn't meet the standards for second-degree murder, they may choose not to convict him at all.
If you're accused of driving while intoxicated, you should contact Howard Law, P.C. right away. We are an experienced criminal defense law firm handling DUI and related charges all over California. A drunk driving charge is not a minor charge, not even for a first offense, because a conviction can take away your driver's license, land you in jail or on probation and cost thousands in fines, fees, classes and other costs. This can wreak havoc on your life and your finances, putting jobs, school and other obligations in jeopardy. Our Laguna Niguel DUI criminal defense lawyers prefer to start cases as early as possible so we can request a DMV hearing that may save your driver's license. We coordinate defense of your license at that hearing with defense of the criminal charge against you to give you the most effective representation possible.
Howard Law, P.C. offers free consultations, so you can speak to us about your legal options and your situation at no further risk or obligation. To set up a meeting, contact us through the Internet or call 1-800-872-5925.
