Our Santa Ana drunk driving criminal defense attorneys and many others in Orange County have been closely following the trial of Andrew Thomas Gallo, the alleged drunk driver accused of killing an Angels pitcher. So we weren't surprised to see that the defense asked for a change of venue recently, arguing that Gallo cannot get a fair trial in Orange County because of all the publicity surrounding the deaths of Nick Adenhart, Courtney Stewart and Henry Pearson. As the Orange County Register reported July 16, a judge on that day denied the requested change of venue, saying news coverage has been balanced and jurors take their jobs seriously. However, the judge noted that he could reconsider if there are problems seating a jury.
Gallo is accused of crashing his minivan into Stewart's car in April of 2009, the night of a game 22-year-old pitcher Adehart had started for the Angels. Adenhart was riding in a car driven by Stewart, 20, with Pearson, 25 and Jonathon Wilhite, 24, as fellow passengers. Gallo allegedly had a BAC of nearly 0.24 when he ran a red light and t-boned Stewart's car, pushing it into a light pole. Wilhite was the only survivor in that car, and he suffered a serious injury known as an internal decapitation. Gallo was apparently unharmed, although his stepbrother, who was riding in the minivan, sustained injuries. Gallo left the scene, and it was later discovered that his license had been suspended for a previous DUI. He is charged with three counts of second-degree murder -- a more serious charge than DUI manslaughter -- as well as DUI with great bodily injury, leaving the scene of an accident and driving on a suspended license.
Adenhart was a young pitcher who wasn't well known at the time, but his death resulted in an outpouring of affection from teammates and Angels fans. As a result, this case has been closely watched by the media, and that's why our Riverside DUI criminal defense lawyers believe Gallo was right to ask to move the trial. A change of venue is appropriate when there's so much pre-trial publicity that the court can't be sure jurors will be unbiased. It's worth asking whether a fatal drunk driving accident, even one of this magnitude, would have gotten the same coverage if none of the victims had been a promising young pitcher for the hometown baseball team. Since the judge in this case has denied the motion, we hope he's right that jurors do their best to be fair in Orange County.
At HOWARD | NASSIRI PC, we defend people accused of drunk driving in Orange County and throughout California. A DUI, even a first one, is a serious charge that should not be taken lightly. Being convicted of a first DUI means losing your driver's license for six to nine months, jail time or probation, high fines and fees, a dramatic increase in your auto insurance rates and more. In car-centered southern California, the driver's license suspension alone can be a serious problem, taking away defendants' ability to meet work, school or other obligations. A first conviction can also mean serious penalties for any subsequent conviction, as Gallo is finding out. That's why our Lakewood intoxicated driving criminal defense lawyers strongly believe that clients should talk to an attorney before they decide to plead guilty, even if they don't believe they have a strong case. In some cases, mistakes by law enforcement officers can result in otherwise strong evidence being thrown out and charges being dropped altogether.
If you've been charged with driving under the influence of alcohol or any other drug and you'd like to discuss your legal options, you should contact HOWARD | NASSIRI for a free case evaluation. To learn more, you can call 1-800-872-5925 or send us a message online.
