On Dec. 22, a court finally handed down the sentence for a DUI crash that was closely followed by our Costa Mesa drunk driving criminal defense lawyers and many others. As the Orange County Register reported, a Superior Court judge sentenced Andrew Gallo to 51 years to life in prison for the crash that took the lives of Courtney Stewart, Henry Pearson and Nick Adenhart; and nearly disabled Jon Wilhite. The four were in Stewart's car when Gallo ran a red light, pushing the sedan into a pole. Gallo was driving under the influence despite having a suspended driver's license, a result of a previous DUI conviction. The crash received national attention because Adenhart was a young pitcher for the Angels baseball team, and had just pitched six shutout innings in his first start of the season.
Gallo was charged with second-degree murder in the deaths rather than gross vehicular manslaughter while driving under the influence. California caselaw allows this when the defendant has a previous DUI conviction, under the theory that he or she knew drunk driving was dangerous and thus had the requisite "malice" necessary for the murder charge. Gallo's defense attorney argued that he lacked this malice because he didn't intend to drive; his brother, Raymond Rivera, was supposed to be the driver. But the two drank heavily for about seven hours and Gallo took the wheel of their parents' minivan anyway. After the crash, Gallo literally walked away -- he was arrested an hour later while walking along the highway -- leaving Rivera in the passenger seat with a broken arm. Wilhite, the only other survivor, suffered a rare injury called an internal decapitation and is still recovering. All four victims' families spoke at the sentencing.
This is a difficult case in which to defend the driver, given its seriousness and the high profile of Adenhart. But as Riverside DUI criminal defense attorneys, we agree with the defense that DUI manslaughter is more appropriate than second-degree murder. Second-degree murder normally requires "malice aforethought," but a California Supreme Court case, People v. Watson, found that "implied malice" is enough to justify a second-degree murder charge. Under that ruling, prosecutors can read malice into a situation in which a driver knows driving drunk is dangerous and does it anyway. We believe this is overreaching in most cases; after all, negligent acts like Gallo's aren't the same as consciously setting out to commit murder. A conviction for gross vehicular manslaughter while driving under the influence would still have gotten Gallo a sentence of more than 30 years in prison, so it's not a question of letting him go free.
If you're accused of driving under the influence of alcohol or drugs, don't wait to call Howard Law, P.C.. Even a first-time DUI with no accident or injury is a major event in a driver's life, in part because it results in a nearly immediate driver's license suspension. Most people don't realize this, but our Torrance intoxicated driving criminal defense lawyers can contest this license suspension -- if we get the case within 10 days of the arrest. Taking cases early also helps us position clients well for the criminal DUI case, which is completely separate from any license suspension hearing. Remember, even if the police have a BAC reading over 0.08, that doesn't automatically mean you will be convicted. Prosecutors still have to show that the BAC reading was taken correctly and in keeping with civil rights laws. We help clients explore these and other possible defenses that minimize the effect of a DUI charge on their lives.
If you or someone you love is charged with driving while intoxicated, don't wait to call Howard Law, P.C. for help. To learn more or set up a free consultation, call us today at 1-800-872-5925 or send us a message online.
