Andrew Gallo, 23, was tried and convicted of three counts of second degree murder for causing the death of three people, including former Los Angeles Angels Pitcher Nick Adenhart, as well as a felony hit-and-run. In addition to Adenhart, his two friends, Cal State Fullerton student Courtney Stewart, 20, and Henry Pearson, 25, all died as a result of this incident. A fourth passenger, Jon Wilhite, was critically injured in the crash but survived.
It was reported that Gallo was driving drunk and his blood alcohol was nearly three times the legal limit when he allegedly ran a red light at a high rate of speed and slammed into the victim’s car. He was charged with murder because he had a prior drunk driving conviction and was driving with a suspended license.
In California, if you have been convicted of a DUI in the past and then caused the death of another person in a subsequent DUI related incident than you can be charged with murder and face a minimum of 15 years to life in prison for each victim. This situation is known as a “Watson Murder,” originated with the case of People v. Watson, where a defendant had multiple prior DUI’s convictions which were used to prosecute him for second-degree murder under the legal theory of implied malice.
Implied Malice is classified as a second-degree murder charge in which the defendant knows the inherent serious and dangerous risks involved with a certain type of conduct, fro example drinking and driving, and then goes out and continues this conduct and places others at risk and subsequently ends up killing another person as a result of his conduct.
After he was convicted he was sentenced to over 50 years in prison.
Are You Facing Charges of DUI or Watson Murder?
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