Our Westminster drunk driving criminal defense attorneys have written here several times before about the high-profile case of Andrew Gallo. Gallo, 23, was accused of driving under the influence of alcohol on the night when he ran a red light and barreled into a passing car, killing three of the people inside and seriously injuring a fourth. Now, the Orange County Register reported Sept. 28, an Orange Superior Court jury has convicted Gallo of the murders of Angels pitcher Nick Adenhart, Cal State Fullerton student Courtney Stewart and law student Henry Pearson. A fourth passenger, Jonathan Wilhite, suffered an internal decapitation, a serious spinal injury. Gallo was also convicted of two felony counts of DUI causing great bodily injury and one felony hit and run. He faces 51 years to life in prison at his sentencing Dec. 10.
The case became famous because of Adenhart, a young pitcher for the Angels who had pitched six shutout innings a few hours earlier. The trial focused largely on whether Gallo's actions the night of the crash met the definition of second-degree murder. Deaths caused by intoxicated driving are generally charged as DUI manslaughter, a crime with less severe penalties. But the prosecutor charged Gallo with second-degree murder under the theory that he deliberately chose to drive drunk even though he knew, because of a previous DUI, that it was dangerous. Jurors told the newspaper that they thought carefully about this, considering whether Gallo consciously disregarded the potential consequences of driving drunk. One juror said he became convinced after reading police interview testimony, in which Gallo said he had done shots even though he knew they had a strong effect on him. His DUI defense attorney said she believed jurors should have had the option of convicting Gallo for vehicular manslaughter instead.
We agree. As Nigel Pearson, Henry Pearson's father, told the newspaper, this was a situation with no winners. The conviction will prevent Gallo from driving and has undoubtedly convinced him of how dangerous drunk driving is. However, our San Bernardino intoxicated driving criminal defense lawyers do not believe second-degree murder was appropriate in this case. Second-degree murder carries heavy penalties, but Gallo would have faced 12 to 30 years in prison for DUI manslaughter -- hardly a lenient punishment. More importantly, murder requires "an abandoned and malignant heart" under California law, not just criminal negligence. While Gallo's actions were irresponsible and the risks were clear, we believe it's important that he did not set out to kill. We suspect this will be an argument in his inevitable appeals to higher courts.
At Howard Law, P.C., we work hard on behalf of clients accused of drunk driving crimes. We represent DUI defendants from every background, income and part of California. Even if you are facing only a first offense that didn't cause an injury, a drunk driving charge can still threaten your job, your freedom and your income. A typical first conviction for intoxicated driving includes probation or jail, the loss of your driver's license, thousands of dollars' worth of fines and fees and mandatory alcohol education classes, at your own expense. The driver's license suspension alone can cost some defendants their jobs, in our experience as Anaheim DUI defense attorneys, because it keeps them from getting to work on time, or in some cases, at all. Even if the police have evidence you don't believe you can fight, you should always speak to our experienced attorneys before deciding to plead guilty just to "get it over with."
If you're charged with driving under the influence of drugs or alcohol, you should call Howard Law, P.C. as soon as possible to see how we can help. To learn more or set up a free consultation, please send us an email or call us today at 1-800-872-5925.
