15 Years for Second DUI Collision
Posted on Sep 25, 2010 9:40am PDT
Alex David Trujillo, 45, was convicted of second-degree murder and sentenced to 15 years to life in prison for killing bicyclist, Catherine Busse, 46, on October 12, 2008 near Seal Beach Blvd., as reported by My Fox LA.
Trujillo's defense attorney, David R. Cohn, was unsuccessful in getting Superior Court Judge James Marion to allow the jury to consider a lesser charge of vehicular manslaughter. Cohn is planning to appeal the verdict.
The charge of second-degree murder stems from the fact that Trujillo had a 2002 DUI conviction, had been warned about the dangers of driving under the influence of alcohol, and the risk of facing murder charges, while on nine months of a count-mandated alcohol awareness classes.
Susan Price, District Attorney in the case, proved that Trujillo had showed a conscious disregard for life when he collided with Busse in his pick-up truck while on alcohol, pain killers and other prescription medications.
Catherine Busse's family testified as to the effect her death has had on them. Most notably, her 16 year old autistic son, as he was dependant on her. She was the one responsible for his education and care. The remaining family members are doing their best to help Ben, Catherine's husband, take care of the child.
Ben Busse, a police officer now delaying his retirement in an effort to cover his son's expenses, said, "It's so difficult to explain how our lives have been affected by Cathy's death. She lived and breathed for Sam...Every moment she had, she read or attended classes to help him overcome this condition."
Catherine's sister, Angi Biscan, said that Catherine was an organ donor. Her kidney, liver, skin and eyes were able to be used, but her lungs and heart were too damaged in the accident.
Trujillo didn't speak during his trial. He did, however, draft a letter to the judge that expressed his remorse and requested probation be granted him. He is concerned about surviving in jail - this will be his second time to serve out a sentence - as well as his need to provide for both his wife and grandmother.
Trujillo wrote, "I'm so very sorry about this devastating accident and take full responsibility for my actions. I've torn apart two families and I've lived with the pain and guilty every day, as I will for the rest of my life. Your honor, I'm not trying to say that I'm some great person. What I'm trying to say is what happened was an accident and totally out of character for me."
Judge Marion believed that Trujillo was truly sorry for the results of his actions, but that he doesn't recognize the depth of his responsibility because of his addictions.
Trujillo received 672 of his days credited which will make him up for parole in approximately 13 years.
A range of medications found in Trujillo's system after the crash included Oxycodone, Vicodin, Xanax and Soma. Trujillo admitted to have drank the night before.
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