August 12, 2010-According to reports the San Gabriel man that was charged in the drunk driving crash that killed Angels pitcher Nick Adenhart claims he did not intend to get behind the wheel.
According to Andrew Thomas Gallo’s attorney Jaqueline Goodman in a motion to dismiss claims stems from the fact that Gallow had a designated driver the day of the crash, but ended up driving have his step brother that was his designated driver got drunk on beer and tequila. The pair went to two bars and in the 12 page motion to dismiss the grand jury indictment charging Gallow with three counts of second degree murder. According to police, Gallo’s blood alcohol level was almost three times over the legal limit.
The charges stem from the April 2009 crash that killed Angels pitcher Nic Adenhart and two other people, resulting in three counts of second degree murder. His attorney states he did not possess the intended malice, since he did not plan to get behind the wheel and had a designated driver. The crash killed Nick Adenhart age 22, Courtney Stewart age 20 and Henry Pearson age 25. Jon Wihite age 24 also a passenger in the Mitsubishi Eclipse Stewart was driving was seriously injured in the crash.
Susan Price Deputy District attorney accused the 22 year old under the implied malice, since he knew driving under the influence was dangerous to other people. Price also stated Gallo chose to drive and has had a prior driving under the influence conviction. She stated it did not matter whether he planned to drive or not, he did get behind the wheel, running a red light that resulted in the death of three people at a Fullerton intersection.
Price stated Gallo admitted after the crash, when he found out three people had died that he should have called a girlfriend to pick them up. Price said this shows that Gallo knew he should not be driving under the influence and he knew he was wrong.
If Gallo is convicted of the three counts of second degree murder he can be sentenced up to 50 years in prison, without parole. If convicted of three counts of manslaughter he could face 15 years in prison with parole possible after approximately 12 years.
This has been another public service message from the Los Angeles accident attorney at:
Ehline Law
633 West 5th Street
Los Angeles, CA 90071
(213) 596-9642
201 Wilshire Blvd., Second Floor
Santa Monica, CA 90401
(310) 376-8488
Bus: Wilshire / 4th
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