Nick Adenhart (Getty Images) |
SANTA ANA -- The convicted drunk driver who caused the crash that killed Angels rookie pitcher Nick Adenhart is responsible for the accident, but isn't guilty of murder, according to his attorney.
Opening statements began Tuesday in the DUI murder trial of Andrew Gallo, 23, who was behind the wheel when his van slammed into a car killing Adenhart and two of his friends.
Andrew Gallo, 23, has pleaded not guilty to three counts of second-degree murder and a count of felony hit-and-run.
Gallo is accused of speeding in a minivan at about 65 mph in a 35-mph zone while under the influence of alcohol, on probation and driving on a suspended driver's license.
"He did it, and he has to live with that for the rest of his life," defense attorney Jacqueline Goodman told the court. "But Andrew Gallo is not a murderer."
Prosecutors say Gallo had a blood-alcohol level of at least .19% -- more than twice the legal limit -- when he ran a red light at a Fullerton intersection on April 9, 2009 and crashed into a car killing Adenhart, 22, driver Courtney Stewart, 20, and Henry Pearson, 25.
John Wilhite, 25, was also in the car. He was critically injured in the crash.
Gallo, who was convicted of a prior DUI, was on probation at the time of the crash.
Goodman says Gallo had a designated driver the night of the crash, but the driver ended up drinking and Gallo took the wheel.
Goodman says Gallo's actions do not rise to the standard of murder.
Orange County prosecutor Susan Price told jurors Gallo had been warned multiple times not to drink and drive because it could lead to someone's death or injury. Price said Gallo disregarded those warnings on the night of April 8, 2009.
The 22-year-old Adenhart died just hours after pitching six scoreless innings in his 2009 season debut with the Los Angeles Angels.
Opening statements began Tuesday in the DUI murder trial of Andrew Gallo, 23, who was behind the wheel when his van slammed into a car killing Adenhart and two of his friends.
Andrew Gallo, 23, has pleaded not guilty to three counts of second-degree murder and a count of felony hit-and-run.
Gallo is accused of speeding in a minivan at about 65 mph in a 35-mph zone while under the influence of alcohol, on probation and driving on a suspended driver's license.
"He did it, and he has to live with that for the rest of his life," defense attorney Jacqueline Goodman told the court. "But Andrew Gallo is not a murderer."
Prosecutors say Gallo had a blood-alcohol level of at least .19% -- more than twice the legal limit -- when he ran a red light at a Fullerton intersection on April 9, 2009 and crashed into a car killing Adenhart, 22, driver Courtney Stewart, 20, and Henry Pearson, 25.
John Wilhite, 25, was also in the car. He was critically injured in the crash.
Gallo, who was convicted of a prior DUI, was on probation at the time of the crash.
Goodman says Gallo had a designated driver the night of the crash, but the driver ended up drinking and Gallo took the wheel.
Goodman says Gallo's actions do not rise to the standard of murder.
Orange County prosecutor Susan Price told jurors Gallo had been warned multiple times not to drink and drive because it could lead to someone's death or injury. Price said Gallo disregarded those warnings on the night of April 8, 2009.
The 22-year-old Adenhart died just hours after pitching six scoreless innings in his 2009 season debut with the Los Angeles Angels.
