Though a man charged with DUI argued that he had the right of way over jaywalkers, a state appellate three-justice panel did not excuse him from driving into a wagon that was carrying a toddler, and then dragging the child until she died, as reported by the Press-Telegram from Long Beach, CA.
Instead, the panel for the state's 2nd District Court of Appeal rejected the defense's argument of insufficient evidence to warrant the murder conviction of N.D. The man's conviction, of second-degree murder, was upheld.
K.A., 13 months old, was killed and her brother, O.A., 2 years old was seriously injured when N.D. struck them with his pick-up truck and dragged the red wagon they rode in for over a mile.
The family, led by their parents, were walking in a Long Beach crosswalk at the time of the accident. N.D. drove his Dodge Durango through a red light and into the family, in front of several witnesses, and then continued to drive with the red wagon attached to the vehicle's wheel well – with the two young occupants still inside of it.
Along with the murder charges, N.D was found guilty on two special allegations of causing gross bodily injury to both children.
It was argued that N.D., with a blood alcohol of 0.20, couldn't be found guilty – as he was too drunk to know what he was doing according to defense attorney Charles Frisco.
However, Deputy District Attorney Jennifer Cops argued that N.D. was driving illegally as his license had already been suspended, and knew that he had put the public at risk. This behavior, coupled with his combativeness with arresting officers, blaming the children's mother and arguing that he had the right of way – all put him in the wrong.
Proving malice, according to Cops, was simplified as N.D. chose to drive an additional 300 feet before stopping – the first time.
According to police reports the incident occurred during the summer of 2009. The two children were riding in a red Radio Flyer wagon with both of their parents. At approximately 8:15 p.m. the family was struck by N.D.'s vehicle while the family walked in a marked crosswalk at Redondo Avenue and 10th Street.
The parents were knocked down after struck, but the wagon, unfortunately, became lodged to N.D.'s Durango, as it turned left onto Redondo. With sparks coming from the Durango, N.D. continued to drive an additional ½ block before briefly stopping. A witness, I.C., stood in front of the vehicle, raised his hands in the air, and it caused N.D. to suddenly apply the brakes – succinctly allowing O.C. to fall out of the wagon and into safety.
O.C. suffered with injuries to his back and head. He has undergone multiple surgeries to repair the damages.
K.A., unfortunately, was strapped in to the wagon. As N.D. drove off again, ignoring the screams and cries from the family and witnesses to stop, she remained trapped as N.D. sped through Belmont Heights.
Motorists, alerting police to the events, were able to relay N.D.'s exact route. When N.D. finally stopped his vehicle, after reaching his girlfriend's home, he was arrested.
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