11/05/24
September 28, 2010
Drunk Driver Convicted of Murder in Adenhart Death: Andrew Gallo, 23, has been convicted of second-degree murder in the April 2009 deaths of Los Angeles Angels pitcher Nick Adenhart and two others traveling in the same vehicle. Gallo, whose blood-alcohol level was three times over California's legal limit when he struck them with his car, faces 50 years to life in prison.
From the linked Adenhart story:
His defense attorney, Jacqueline Goodman, argued at trial that Gallo thought his stepbrother was his designated driver and only took the wheel when his stepbrother became too drunk and asked him to drive.
So fucking what?
Gallo was charged with murder - not manslaughter - because he had a prior DUI conviction, had been warned by a judge and alcohol awareness counselors about the dangers of drinking and driving, and had signed a court waiver in the earlier case indicating he knew he could be charged with murder if he drove while drunk and killed someone.
So, the guy has a prior DUI, signed a waiver saying he knew he could be charged with murder, he kills Adenhart ... and the jury's having a tough time finding him guilty?
I have an idea -- let's get this dick liquored up, then put the jury on a bus and let him drive them around until they decide!
posted by wfrazerjr at 05:11 PM on September 27, 2010
Should have given him the death penalty!
posted by otbagain at 09:21 PM on September 28, 2010
And that brings the total lives over to three. Nicely done, asshat.
posted by WeedyMcSmokey at 09:36 PM on September 28, 2010
and such a fine upstanding citizen needs saving? maybe if the sentences were harsher less people would drink and drive.
posted by otbagain at 11:12 AM on September 29, 2010
maybe if the sentences were harsher less people would drink and drive.
50 years to life? You do know that he's not going to spend that time golfing and watching television, right? The guy fucked up, and he fucked up bad, but he sure as hell never intended to hurt anyone. Not to get into the finer points of premeditation and the death penalty, but I think the possible punishment is deterrent enough in this case.
posted by tahoemoj at 11:19 AM on September 29, 2010
The guy fucked up, and he fucked up bad, but he sure as hell never intended to hurt anyone.
Except, he signed a document the last time he was convicted of DUI. That document stated that he understood that DUI was terrible, and that it put people's lives at stake, and that by committing another DUI that he could be charged with murder if he killed someone while drunk-driving.
The text of the "Watson Warning", which he had to sign after his last DUI conviction:
"I understand that being under the influence of alcohol or drugs, or both, impairs my ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If I continue to drive while under the influence of alcohol or drugs, or both, and as a result of my driving, someone is killed, I can be charged with murder."
(emphasis mine)
I'm sorry, but after numerous convictions AND signing this document, he's got absolutely no fucking leg to stand on with the "I didn't mean to hurt anyone!" defense.
posted by grum@work at 12:22 PM on September 29, 2010
maybe if the sentences were harsher less people would drink and drive.
First degree murder has a damn harsh sentence, but people still commit the crime.
The reason people commit the crime is not because the punishment isn't harsh enough, but because they don't think they'll get caught.
posted by grum@work at 12:23 PM on September 29, 2010
after numerous convictions AND signing this document, he's got absolutely no fucking leg to stand on with the "I didn't mean to hurt anyone!" defense.
No dispute on that at all. I'm in no way trying to make excuses or promote any sympathy at all for this guy. I'm just saying that I feel the punishment was appropriate, and there is no justification for making DUI homicide a capital crime. I think the punishment was appropriately severe.
posted by tahoemoj at 12:38 PM on September 29, 2010
The sentence for DUI should be harsher. That would be a much better deterrent than waiting until someone is dead to have a serious punishment. Killing someone is generally enough of a deterrent without the punishment (except Leonard Little).
posted by bperk at 01:16 PM on September 29, 2010
Judge renders partial verdict in Adenhart case