Man convicted of murder in DUI crash that killed Adenhart

Kieran · Sep 28, 2010

Is this what it takes to get harsh penalties on DUI? A famous person has to die? No arguments with the verdict....let the f*cker rot. Here's to hoping that every drunk driver who causes pain gets the same!

http://sportsillustrated.cnn.com/2010/baseball/mlb/09/27/adenhart.murder.ap/index.html?eref=sihp

SANTA ANA, Calif. (AP) -- A jury convicted a construction worker of murder Monday for a drunken-driving crash that killed promising Los Angeles Angels rookie pitcher Nick Adenhart and two of his friends.

It was the second DUI conviction for Andrew Gallo, 23, who held white rosary beads and occasionally looked up at jurors as they returned their verdicts.
As he was led away in handcuffs, Gallo glanced over his shoulder at sobbing relatives of the victims gathered in the Orange County courtroom.

"What this case has shown is that the accelerator, the gas pedal on an automobile in the wrong hands is as dangerous as the trigger on a gun," Nigel Pearson, the father of 25-year-old victim Henry Pearson, said outside court. "And in the wrong hands, it can devastate the lives of many, many people."

Gallo was convicted on three counts of second-degree murder and single counts of drunken driving, hit-and-run driving, and driving under the influence of alcohol and causing great bodily injury.

He faces 50 years to life in state prison at his scheduled sentencing on Dec. 10.

His attorney Jacqueline Goodman said Gallo would appeal.

"I think it's tragic," she told reporters. "I think there's been a miscarriage of justice." She previously said her client did not intend to kill anyone.
Prosecutors said they charged the case as a second-degree murder instead of the lesser charge of manslaughter because Gallo had a previous DUI conviction, had specific knowledge of the dangers of drinking and driving from his own experience, and had signed a court form from the earlier case saying he understood he could be charged with murder if he drove drunk again and killed someone.

To win a murder conviction, prosecutors had to show Gallo acted with implied malice, intentionally drove drunk, acted with a conscious disregard for human life, and knew from his personal experience that he could kill someone.

Adenhart, 22, died just hours after pitching six scoreless innings in his season debut. Pearson and Courtney Stewart, 20, also died in the April 9, 2009, collision in Fullerton. Passenger Jon Wilhite was severely injured.

Orange County District Attorney Tony Rackauckas said it was the 11th DUI-related murder conviction in the county since 2008.

"People are dying here," Rackauckas told reporters. "We want to get the message out there as well as we can that people will be prosecuted for murder when they engage in this type of conduct."

Jurors, who began deliberations Thursday, said they had intense discussions and were well-aware that Gallo had not only ruined the lives of the victims' families but also his own.

"It was emotional," juror Beth Smith said after leaving the courtroom. "I think a lot of us lost sleep over this."

Her eyes welling with tears, Stewart's mother said she felt relieved to finally have a verdict.

"It won't bring Courtney back, but I know she's looking down on us and she's happy," said Carrie Stewart-Dixon, who wore a pink and white bracelet bearing her daughter's name. "It was justice for the kids - and all our families."

Angels pitcher Jered Weaver said he found out about the verdicts in a text message from a team official.

"Obviously, we're glad to see that the guy got what was coming for him, but that's pretty much all I can say. Hopefully it put a little closure to what the families had to deal with," Weaver said.

Said Angels manager Mike Scioscia: "There's certainly no joy involved, but I think it's some closure for a number of families that have been just going through the worst nightmare for a family."

"Nothing that happened today is ever going to bring Nick, Henry and Courtney back or erase that tragedy in the life of the kid who survived, Jon Wilhite. But I think it inches all of us toward a sense of peace, and we're just going to continue to move on," he said.

Prosecutors alleged during the two-week trial that Gallo, whose blood-alcohol level was nearly three times the legal limit, spent hours drinking beers and shots with his stepbrother at three different bars before running a red light and T-boning the car driven by Stewart.

Prosecutor Susan Price told jurors that Gallo had been repeatedly warned by friends, family and court officials about the dangers of drinking and driving, but his arrogance and need to party prevented him from learning the lesson.

Goodman contended the district attorney's office had overstepped by charging Gallo with murder.

She said her client believed his stepbrother was his designated driver and only drove after his stepbrother became too intoxicated and asked him to take the wheel. By that point, she argued, Gallo was too drunk to realize the consequences of driving drunk.

During the trial, prosecutors played a videotaped interview in which Gallo told police he didn't remember driving and apologized to the families of the victims.
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BigTex · Sep 28, 2010

As this case shows, the number of repeat offenders still 'behind the wheel" even illegally is staggering....

R.I.P.

Napolis · Sep 28, 2010

BigTex said: ↑

As this case shows, the number of repeat offenders still 'behind the wheel" even illegally is staggering....

R.I.P.
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Ditto. Having been in an accident where a drunk drive hit me head on I'm glad for this result. In my case a trail was not necessary as the drunk driver was killed in the crash he caused.

TexasF355F1 · Sep 28, 2010

Long before I was born, my Great-Aunt and Great-Uncle were involved in a head-on. Killed my great-uncle, and my great-aunt still walks with a very bad limp.

I could be wrong, but wasn't the defendant also an illegal immigrant? I thought I remember that being said when this first happened.

BigTex · Sep 28, 2010

Shhhhhhh!!!!

Three or four priors............counseling/probation/treatment.

Rosary beads.

I think that's all the facts..............

BigTex · Sep 28, 2010

Not illegal......just 'misunderstood".........

JAM1 · Sep 28, 2010

Napolis said: ↑

Ditto. Having been in an accident where a drunk drive hit me head on I'm glad for this result. In my case a trail was not necessary as the drunk driver was killed in the crash he caused.
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You're lucky... this isn't typical. It seems that more often then not, the drunk lives and others die. I lost a close friend when he was 20 to a woman who had been jailed several times for DWI, and she didn't have a lisc when she killed my friend and his girlfriend. She got three years for killing two people, a disgusting result. I believe every person that drives drunk and kills someone should be considered a murderer. It's just as bad as firing a gun into a crowd... you know sooner or later, someone is going to die as a result of your actions.

Napolis · Sep 28, 2010

JAM1 said: ↑

You're lucky... this isn't typical. It seems that more often then not, the drunk lives and others die. I lost a close friend when he was 20 to a woman who had been jailed several times for DWI, and she didn't have a lisc when she killed my friend and his girlfriend. She got three years for killing two people, a disgusting result. I believe every person that drives drunk and kills someone should be considered a murderer. It's just as bad as firing a gun into a crowd... you know sooner or later, someone is going to die as a result of your actions.
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I'm with you totally.

TheMayor · Sep 28, 2010

At 22, you do a lot of stupid things. That's not excusing him at all. It's just a fact.

50 years is a long time, but 3 people lost their lives because of his stupidity.

What is sad is that he didn't learn from the prior offenses. He had a chance to change. He made a stupid mistake and destroyed 4 lives -- three that he killed and his own.

AnotherDunneDeal · Sep 28, 2010

I had a very good friend who was killed when a drunk driver ran a red light and t-boned him just like it sounds happened here. The driver of the other car was doing over 60 mph when he went through the intersection without slowing. It knocked my friends VW Beetle through the intersection and about 100 feet onto a vacant lot. He got probation for it. Less than one year later the same driver, again driving drunk, ran another red light and hit and killed a pedestrian crossing from the parking lot headed for the courthouse. Yes, right in front the courthouse. He was put in jail for this one but only for nonvoluntary manslaughter...........

I am happy for this verdict.....

Whisky · Sep 30, 2010

He will be out in 5-7 years.

I wish we could lock then up and throw away the key, but BTST it makes me sick to think we will be spending about $40,000 a year of taxpayer's money on these guys.
OTOH I have no problems with corporal punishment if they are guilty beyond any reason, or the crime is caught on film, etc.

Kieran · Sep 30, 2010

JAM1 said: ↑

You're lucky... this isn't typical. It seems that more often then not, the drunk lives and others die. I lost a close friend when he was 20 to a woman who had been jailed several times for DWI, and she didn't have a lisc when she killed my friend and his girlfriend. She got three years for killing two people, a disgusting result. I believe every person that drives drunk and kills someone should be considered a murderer. It's just as bad as firing a gun into a crowd... you know sooner or later, someone is going to die as a result of your actions.
Click to expand...

Mr. Pearson puts it very well:

"What this case has shown is that the accelerator, the gas pedal on an automobile in the wrong hands is as dangerous as the trigger on a gun," Nigel Pearson, the father of 25-year-old victim Henry Pearson, said outside court. "And in the wrong hands, it can devastate the lives of many, many people."

darth550 · Dec 23, 2010

51 years to life.....

http://latimesblogs.latimes.com/lanow/2010/12/drunk-driver-who-killed-angels-nick-adenhart-sentenced-to-51-years-in-prison.html

Good riddance!

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