Authorities Search Driver's Home In Fatal Farmers' Market Crash

KNBC Chanel 4 Website ^ | 9:29 a.m. PDT July 17, 2003 | KNBC Chanel 4

[Smogger]

SANTA MONICA, Calif. -- Authorities in Santa Monica searched the home of 86-year-old Russell Weller Thursday. Police say the elderly driver plowed through an open-air market Wednesday, leaving nine people dead and more than 40 hurt.

Santa Monica Police Chief James Butts said evidence shows Weller recently struck the back of his garage at least twice with his car.

Authorities are investigating why Weller's car plowed through the crowded farmers market, killing nine and injuring up to 45 others -- and whether the driver was competent to be behind the wheel in the first place.

Police said Russell Weller told them he may have hit the gas pedal instead of the brake Wednesday, hurling victims into the air as his car careened down a street closed to traffic.

"Mr. Weller and his family want to express their deepest sympathies to the victims and their families of the tragic accident earlier today," Weller family attorney Jim Bianco said in a statement Wednesday. "This was an unintentional and unfortunate accident."

Eight victims were pronounced dead at the scene and a ninth, a 50-year-old man, died later at a St. John's Hospital, spokeswoman Barbara Bishop said. Fourteen others were critically injured.

Weller was not arrested, but authorities were considering whether the case was "manslaughter of some type" and investigating whether he was qualified to drive, said Police Chief James T. Butts Jr.

"There may be some negligence as to his capacity to drive safely," Butts said, although he added that Weller, of Santa Monica, has a valid driver's license.

[Smogger]

You know your having trouble driving because you keep hitting that pesky garage wall, but do you hang up your keys? Hell NO! I'll just keep on driving until I kill someone. Same thing as DUI in my opinion. Intnet shouldn't have anything to do with it. Negligent homicide. By omission of action (namely not givin up his keys) he killed those people the same as if that had been his intention. Just like a drunk driver.

[Xenalyte]

What you said.

[Pern]

Authorities in Santa Monica searched the home of 86-year-old Russell Weller Thursday.

OK, question: Why was Mr. Weller's home searched in the first place? The crime/accident was comitted in town, on a public street. What basis of 'probable cause' do the cops have to conduct a search?

[Support Free Republic]

A Recall AND a Fundraiser? I'm toast.

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[princess leah]

I think they ought to implement a mandatory driver's test for anyone over 70 years old...there are just way too many people out there who's mental and physical capabilities put others at risk. Driving is a priviledge, NOT a right!

[biblewonk]

My wife and I fear my mother in law will do something like this. Old people are so hard to deal with as they gradually lose their facilties.

[Xenalyte]

Take her driver's license away and hide her keys.

[Xenalyte]

Damn skippy. On-the-road test in addition to the vision test, and they'd better tighten up their admittedly loose passing requirements.

[Moose4]

Even if this man isn't indicted for a crime, he and his heirs are ruined. The lawsuits will break his entire family for years.

By the way, looking at the pictures, he actually looked quite young to be 86. I would've pegged him at about 70.

}:-)4

[RightWhale]

Too many people are allowed to drive. Many drivers habitually ignore the simplest highway laws. At the same time, our cities are carefully planned so as to force people to jump in a car just to go shopping. Cars and highways are our version of mass transit. The cars are operated autonomously, and until they are automated so they can't jump the track there will continue to be such incidents. The planners want cars for all, and with cars comes the rest of the range of possibilities. Blame the system.

The driver should have done the honorable thing by now.

[ChadsDad]

Probable Cause my a$$, He killed 9 people, and injured dozens. Good thing it wasn't any of my family. They better put him in protective custody before somebody out there snaps!

[Sloth]

He probably gave permission.

[Moose4]

I assume they're searching the house for (a) any damage to the garage, (b) prescription drugs that would indicate any medical condition he had or that might've impaired his driving ability, and (c) anything else they might find on a fishing expedition.

}:-)4

[The KG9 Kid]

"... OK, question: Why was Mr. Weller's home searched in the first place? The crime/accident was comitted in town, on a public street. What basis of 'probable cause' do the cops have to conduct a search?"

I had heard they were looking for medication.

Likely that Weller consented to the search.

[spoiler2]

"What basis of 'probable cause' do the cops have to conduct a search?"

There were witnesses yesterday, that told police he didn't appear confused at the wheel, as he went past them, that he had a determined look on his face, not shock.

So the police would like to check his home, to see if there might be signs of a recently deteriorating social attitude, I would assume. Sounds like 'probable cause' to me.

[DLfromthedesert]

She's losing her facilities? Where will she go to the bathroom?

Or perhaps you meant "faculties" ?

[pogo101]

I think they ought to implement a mandatory driver's test for anyone over 70 years old.

I agree; the CA legislature had a quite similar measure before it in 2000; but the Greedy Geezer lobbies stomped it.

Now we have 9 dead bodies in Santa Monica.

What's particularly galling here is that the PRSM (People's Republic of Santa Monica) is absolutely teeming with buses, shuttles, etc. etc., particularly so on its coastal side.

[DLfromthedesert]

If the family's lawyer is invloved, they're probably already protecting the assets.

Anyway, the heirs are not responsible.

[CDHart]

An elderly woman in our small town ran through the front of the grocery store and pinned a cashier between the counter and the wall. Cashier is doing better -- she was fortunate to survive at all. Everyone had been saying for some time that the woman really shouldn't be driving, but no one did anything about it, until it was too late.

Carolyn

[bruinbirdman]

"What basis of 'probable cause' do the cops have to conduct a search?"

Perhaps the police made a polite request and the gentleman, having no reason to refuse, gave permission. Not everyone hates law enforcement.

yitbos