The accident, which also injured 69 people, was the result of unsafe speed and other violations on the part of Russell Weller, Police Chief James T. Butts told reporters outside police headquarters late Wednesday afternoon.
Posted on 12/17/2003 5:24:47 PM PST by hole_n_one
The accident, which also injured 69 people, was the result of unsafe speed and other violations on the part of Russell Weller, Police Chief James T. Butts told reporters outside police headquarters late Wednesday afternoon.
The accident, which injured 63 others, was the result of unsafe speed and other violations on the part of Russell Weller of Santa Monica, Chief James T. Butts told reporters outside police headquarters late Wednesday afternoon.
"We're asking consideration of the district attorney's office in seeking to file the charge of manslaughter," Butts said, adding that decision would be up to Los Angeles County District Attorney Steve Cooley.
In response to a question, Butts said police may ask for as many as 10 manslaughter counts, one for each person killed.
The decision to pursue charges was the result of a five-month investigation that began the day of the July 16 crash and produced a report more than 900 pages long, the chief said.
Cooley said his office has received the report and will make a decision after reviewing it. He didn't say how soon that would be, but Deputy District Attorney John Lynch told reporters he expected a decision would be made within a few weeks.
"The DA's office had prosecutors present at the crime scene within the first few hours and has been reviewing reports and interviewing hundreds of witnesses since then," Cooley said in a statement issued shortly before the news conference.
Weller's attorney said his client shouldn't face charges.
"We're anxious to see the report because we've conducted our own extensive investigation and concluded this was a tragic, terrible accident," attorney Jim Bianco said. "There was no intent to hurt anyone, no negligence and no crime."
He added that Weller was heartbroken by what happened.
"He suffers every minute of every day knowing that he was driving that car," Bianco said. "The aftermath of the accident has taken a dreadful toll on him and his family."
Butts briefly reviewed how the accident unfolded on a pleasant afternoon when the outdoor market was crowded with shoppers.
Weller, then 86, had just mailed a letter at a nearby post office and turned onto a street, striking a Mercedes-Benz from behind. That accident caused only minor damage, the chief said, but then Weller's Buick Le Sabre suddenly pushed the Mercedes out of its path, picked up speed and roared into the middle of the market, which was taking part on a street that had been barricaded for the event.
"The Buick accelerated rapidly towards the Farmers Market, over a distance of 245 feet, where it struck a pedestrian standing on crutches near the `Road Closed' signs," Butts said. "That pedestrian was thrown a distance of approximately 60 feet."
The Buick then continued on for approximately another 1,000 feet, striking scores of people and objects and leveling produce stands until its path was finally blocked by debris. "In that space of 1,000 feet over 100 separate collision occurred," the chief said, adding Weller never applied the brakes or tried to take the car out of gear.
Unsafe speed was among the tragedy's causes, Butts said, adding that it appeared Weller stepped on the gas pedal instead of the brake.
"Pedal misapplication provides the best explanation for acceleration of the Buick upon impact with the Mercedes," he said.
He also said Weller had "medical conditions that included reduced mobility," which police believe played a part in the crash.
The car had no mechanical problems, Butts said.
"The Buick would have stopped if Mr. Weller had applied the brakes," he said.
Bianco said Weller has been in and out of the hospital three times since the accident, once to have a pacemaker implanted in his heart, another time to battle an infection caused by the pacemaker, and most recently over Thanksgiving to have the pacemaker removed when the infection persisted.
"He's now at home on a 24-hour antibiotic IV, hoping for the infection to clear," Bianco said.
"He is emotionally drained and lives with the effects of the tragedy every minute of every day."
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How does one travel 1,000 feet, have over 100 seperate collisions within that distance, and not have an intention to do so? He steered that car from side to side, running over everything in his way........on purpose.
The terminology parallel in a warfare situation would be "collateral damage."
In this case, it was certainly no accident.
There's your manslaughter right there. He was fleeing the scene of an accident.
"The Buick accelerated rapidly towards the Farmers Market, over a distance of 245 feet, where it struck a pedestrian standing on crutches near the `Road Closed' signs," Butts said. "That pedestrian was thrown a distance of approximately 60 feet."
The Buick then continued on for approximately another 1,000 feet, striking scores of people and objects and leveling produce stands until its path was finally blocked by debris.
"In that space of 1,000 feet over 100 separate collision occurred," the chief said, adding Weller never applied the brakes or tried to take the car out of gear.
Whew! Remind me never to buy a Buick. Sounds like that thing had a mind of its own, and acted independently!
That's my whole point.
What you described would have occurred to an "out of control" car well before it traversed over 1,000 feet........only a vehicle with a driver who was in full control of the vehicle could manuver that distance in the fashion Weller did.
The only thing that stopped Weller from continuing his murderous rampage was that he broadsided a car that was crossing in the middle of the intersection.
Accident my foot.
It won't go. The defense will simply claim when he had the first accident with the ME/BE, that he attempted to stop his car but became disoriented due to his advanced age and his limited mobility stepping on the gas instead of the brake causing his vehicle to go out of control.
If you care to, read thru it and pay attention to what is being written regarding what witnesses said about what Weller allegedly said and how he acted immediately after his "accident".
It doesn't matter if the death was accidental, only that it was causally related to the commission of the crime.
If this guy was fleeing the scene of an accident when he drove through the market, that would be enough
Unless he has senile dementia so bad he doesn't know who he is, I don't think a "mentally deficient" defense will work
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