Second Degree Murder for Second DUI

The Oakland Tribune has reported that Andrew Gallo, the drunk driver responsible for three deaths, including Los Angeles baseball pitcher Nick Adenhart, had spent hours drinking tequila and beer in three different bars before driving off in his parent's minivan.

Deputy District Attorney Susan Price told jurors in her opening statement that, "The evidence will show that this case is about an evening of pure indulgence and a night of total disregard."

Price also told jurors that Gallo, 23, was convicted in 2006 of a DUI and signed court papers at that time acknowledging that he understood what would happen if he killed someone while driving drunk. He knew that the charge would be murder.

Gallo pleaded not guilty to felony hit-and-run, two counts of driving drunk, causing injuries to his stepbrother, Raymond Rivera and another passenger, Jon Wilhite.  He also pleaded not guilty to the heavier charges of three counts of second-degree murder for his role in the deaths of Nick Adenhart, 22, Courtney Stewart, 20 and Henry Pearson, 25.

He could be facing up to 50 years, to life in prison, if found guilty on all counts.

Gallo's blood-alcohol level was almost three times over the legal limit at the time of the car crash in Fullerton, California, in April 2009.

Jacqueline Goodman, Gallo's attorney, said that he didn't intend to kill anyone - though he knew he was intoxicated - and that his stepbrother pressured him to drink. Gallo's stepbrother was also supposed to be the designated driver. Gallo further claimed that he blacked out before the accident occurred, and only assumes that he was driving.

Goodman said, "He did it and he has to live with that for the rest of his life.  But Andrew Gallo is not a murderer."

Gallo, due to his prior DUI and driving on a suspended license, has been charged with second-degree murder instead of manslaughter.  If jurors decide to convict him, they are not allowed to find him guilty of manslaughter.

When Goodman tried to tell jurors that the district attorney's office was banking on the celebrity of the case - due to the fame of Adenhart - the judge cut her off.  After her second attempt was thwarted she only asked jurors to examine all of the evidence closely.

"If those are the facts, you don't have a murder. If those are the facts, then you'll find that he did it, but your job is going to be to determine what 'it' is." Goodman said.

There was an acceleration from 55.9 mph to almost 66 mph in five seconds right before the crash, then, at the last second before impact, Gallo took his foot off the accelerator.

The prosecutor said, "Within seconds of the collision, the defendant turned to his stepbrother and said, 'Run, bitch, run.' Then he opened the door of the minivan and fled."

Anaheim police homicide Detective Daron Wyatt, broke down during his testimony when he tried to describe one of the victims, cheerleader and former student Courtney Stewart, "She was beautiful."

Stewart, who was driving, had a blood-alcohol level of .06 percent, a .01 percent over the limit for a driver under 21.  An expert witness attributed another test, showing it at .16 percent and twice the limit, to the trauma of her body.

A defense motion to introduce Stewart's blood-alcohol was rejected by Judge Richard Toohey.

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