The Jury Talks Back

4/12/2009

Nick Adenhart, RIP

Filed under: Uncategorized — JRM @ 1:30 pm

The death of Nick Adenhart in a collision three days ago has garnered a lot of attention. The deaths of two others – Courtney Stewart, 20; and Henry Pearson, 25 – have also gotten national attention, because they were in the same car with the Angels’ pitcher when they died. All three deaths are a tragedy.

The driver of the other vehicle, Andrew Gallo, has been charged with three counts of murder. I have no personal knowledge of the facts of the case, and therefore offer no opinion on what ought to be done on this particular case. What I can offer is an outline of California law on the issue.

First off, Gallo’s been charged with murder. Murder requires malice; malice is most easily met with a deliberate intent to kill, which is not present in most vehicular homicides. The murder theory here is “implied malice,” and these murders are, in California, known as Watson murders, after the case that upheld a murder conviction for this.

(more…)


Powered by WordPress.