Andrew Gallo's Attorney Randall Longwith
According to the report quoted below, Los Angeles DUI Attorney Randall Longwith, who represents the man accused of killing Nick Adenhart, may have an additional defense now that it has been determined that the driver of the vehicle Mr. Adenhart rode in was DUI.
Driver in deadly Adenhart crash was DUI - UPI.com: "SANTA ANA, Calif., June 11 (UPI) -- The driver of the vehicle carrying Los Angeles Angels pitcher Nick Adenhart the night of his death had an illegal blood alcohol level for her age, prosecutors say.
Prosecutors in Orange County, Calif., said 20-year-old Courtney Frances Stewart had a blood-alcohol level of .06 the night an alleged drunken driver crashed into her vehicle, killing her, Adenhart and law student Henry Nigel Pearson, The Orange County (Calif.) Register said Thursday.
California drivers under the age of 21 cannot operate a vehicle legally if their blood alcohol level is above .01.
Deputy District Attorney Susan Price said Stewart's level was determined by toxicology tests conducted by the Orange County Coroner.
Attorney Randall T. Longwith is representing Andrew Thomas Gallo, the man accused of causing the deadly accident on April 9.
Longwith told the Register the toxicology report on Stewart could come into play in the second-degree murder trial of his client.
'It's a big revelation,' said Longwith, whose client also faces other charges including driving under the influence. 'In essence, we're talking about two people who were drinking and driving. I think it's definitely something we need to look at and investigate.'"
With both driver's allegedly above the legal limit, one imagines that it would be next to impossible for the state to prove that one driver or the other caused the accident. Without this causation element, a conviction will be difficult to impossible.
It will be interesting to see where the DA goes from here.
Fullerton California DUI Homicide
Sometimes it is hard for even a DUI defense lawyer to have any sympathy for somebody accused of a DUI type offense.
Man Charged with Murder & Drunk Driving in MLB Pitcher's Death | Cleveland Leader: "According to the district attorney's office, Gallo was driving a minivan at 65mph in a 35mph zone around 12:35am Thursday in Fullerton, CA. He was on probation and his license had been suspended after a previous DUI charge. Police say he ran a red light and hit the car that Adenhart was in, killing the pitcher, 20-year-old California State University student Courtney Stewart and law student Henry Pearson, 25."
