NEWPORT BEACH -- An Orange County man has been found guilty of vehicular manslaughter with gross negligence in the death of a pedestrian he struck while texting on his cell phone.
Police say Martin Burt Kuehl, 41, was driving west on Westcliff Drive when he hit and killed Martha Ovalle in a crosswalk back in August 2008.
Ovalle, a nanny, was on her way to work.
Friends say the 32-year old usually took the bus, but decided to walk to work that day.
Deputy Public Defender Adam Vining argued there was no evidence that the case rose beyond one of simple negligence.
But Commissioner James S. Odriozola noted that Kuehl had his cell phone in his hand during the incident, and had been texting back and forth with a friend for several miles prior to the crash.
He is scheduled to be sentenced March 12.
Police say Martin Burt Kuehl, 41, was driving west on Westcliff Drive when he hit and killed Martha Ovalle in a crosswalk back in August 2008.
Ovalle, a nanny, was on her way to work.
Friends say the 32-year old usually took the bus, but decided to walk to work that day.
Deputy Public Defender Adam Vining argued there was no evidence that the case rose beyond one of simple negligence.
But Commissioner James S. Odriozola noted that Kuehl had his cell phone in his hand during the incident, and had been texting back and forth with a friend for several miles prior to the crash.
He is scheduled to be sentenced March 12.

