An Orange County, California jury returned a guilty verdict on Monday on three-counts of second-degree murder in the death of Los Angeles pitcher Nick Adenhart and two others in April, 2009.
Although typically felony DUIs are tried as manslaughter, here the prosecution brought charges of murder based on the accused's previous DUI conviction and the theory that he was known to understand the specific dangers of drinking and driving from his own experience.
According to the Associated Press, this verdict constitutes the 11th time in two years that a defendant has been convicted of murder in San Diego county as the result of driving drunk. As reported by AP, "[t]he verdict Monday against Gallo cemented the conservative county's reputation as a leader in the nationwide trend of prosecuting drunken drivers for murder."
Beginning in 2004, courts were required to provide a "Watson notice." Pursuant to a "Watson Notice" courts must advise drivers who pleaded guilty to DUI that they could be charged with murder if they cause a fatal DUI at some point in the future.
Critics point out that Watson notices are unjust, and may constitute entrapment. Further, fatal DUI cases often don't meet the same thresholds as required for murder charges.
As the penalties for DUIs become stiffer, now more than ever it's critical to obtain a knowledgeable and aggressive Southern California DUI defense attorney to protect your rights. If you have been charged with a DUI contact The Chahine Law Firm for a free consultation and to find out how we can help.
