By Kevin Herrera
Daily Press Staff Writer

DOWNTOWN LA — The 89-year-old man charged with killing 10 unsuspecting shoppers when he drove his car through a crowded Santa Monica Farmers’ Market more than three years ago was found guilty Friday of vehicular manslaughter with gross negligence.

George Russell Weller now faces up to 18 years in prison.

Despite Friday’s verdict, it remains unclear what sentence Weller will ultimately receive. Los Angeles Superior Court Judge Michael Johnson will decide the length of the punishment after hearing from family members of the victims, supporters of Weller and the District Attorney’s Office.

A date for the hearing will be established on Oct. 27.

Weller — who was 86 at the time of the July 16, 2003 crash — was not present in the courtroom on Friday when the verdict was read, and had been absent for the duration of the trial because of failing health. He will remain free on his own recognizance until sentencing, when he must return to the courtroom.

Various sources, including members of Weller’s defense team, said the prosecution is not seeking prison time for the retired food broker. District Attorney Ann Ambrose would neither confirm nor deny that any discussion of a sentence had taken place.

“The decision will be in the hands of Judge Johnson,” said Ambrose, who prosecuted the case. “We are obviously pleased about the outcome of this case. We have felt very strongly over the last three years that this was a case that needed to be aired in a public forum and that members of the community needed to hear the case, evaluate the evidence and make a decision.”

The verdict surprised Weller’s defense attorneys, who maintained throughout the trial — which lasted more than a month — that Weller’s actions were the result of “pedal error.” They argued that Weller was subject to the rare phenomenon, mistakenly pressing the brake instead of the gas pedal following a fender-bender with another vehicle.

Defense attorney Mark Overland — visibly disappointed and frustrated with the outcome of the case — said emotions may have played a role in the jury’s decision. Jurors who addressed the media after the verdict was read, however, maintained they were instructed not to empathize with either side.

“I think it’s a very emotional case in the sense that you have 10 innocent people that were out for an afternoon at a farmers’ market — people can identify with that and all of a sudden they’re dead,” Overland said. “One of the victims was a 3-month-old child, another was 3 years old. They showed very graphic photographs of these individuals.”

Overland vowed to appeal the case and said he was confident his client would be exonerated, insisting there was “no evidence of gross negligence as the law defines it.”

“This verdict will not hold up on appeal,” Overland said.

THE FLIP SIDE

Ambrose argued that Weller tried to flee the scene of an accident just prior to entering the market on Arizona Avenue, and had several chances to stop his 1992 Buick LaSabre by steering it towards parked trucks instead of “soft targets,” like pedestrians.

“Clearly, anyone who makes the decision to get behind the wheel of a car has to take responsibility for their actions once they are behind the wheel of a car, and that includes Mr. Weller,” Ambrose said. “It has been our position from the beginning that no matter if you are 16 or 86, you make the decision to get behind the wheel of a car, you have a duty of care. If you violate that duty of care, you will be held responsible for your actions.”

It took the jury — comprised of four women and eight men — nearly three weeks to return with a verdict. Jurors received the case Friday, Oct. 6.

Along with testimony from more than 50 witnesses, jurors had scores of exhibits to evaluate, including complex reports on the accident by law enforcement and a telling videotape of Weller being interviewed by the Santa Monica Police Department hours after the crash.

Jurors also had to review gruesome photographs of the broken and bloodied bodies of the victims, as well as testimony from expert witnesses called by the defense to support their claim of pedal error.

Some jurors struggled with the definition of gross negligence, with at least four leaning towards the lesser charge of vehicular manslaughter with negligence, a misdemeanor.

Negligence can be generally defined as the failure to exercise the degree of care that would be exercised by a reasonably prudent person under like circumstances. The term “gross negligence” is the failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others, as if the person responsible was intent on causing harm.

“There were 10 bodies, so it wasn’t really so much about whether he was guilty or not,” said juror George Grenados. “It was just a matter of understanding the difference between ordinary negligence and gross negligence.”

Grenados, 48, and four other jurors interviewed following the verdict said Weller’s advanced age did not factor into their decision to convict him on all 10 counts.

“We all put ourselves in the situation, and probably the older you are, it will take a little more time to react, naturally,” said juror Yolanda Hernandez, 54, of Montebello. “But I felt he had time to react and make better choices than the ones he did.”

Several jurors said Friday that the videotaped interview with Weller was a key piece of evidence, as it showed a man that seemed angry, annoyed and callous — not caring that he had just killed 10 people and wounded 68 others. They claim the video supported statements by two witnesses who said Weller was overheard just minutes after the crash saying, “If they saw me coming, they should have gotten out of my way.”

“Actually, it came out like he had anger, but at one time also it indicated that he was trying very hard to stop the vehicle,” Hernandez said. “I have no idea what happened on that day, but anger could have been a factor.”

Jurors saw statements from at least 100 supporters of Weller who said he was an exemplary man who donated his free time to mentoring young adults. Some jurors believed Weller was a “good citizen,” however, his conduct before the crash did not absolve him.

“He’s a human being and Mr. Weller is a very good citizen, you know, at his age, but it doesn’t really affect him at all,” said juror Simon Magtivay, of Santa Monica. “This really is about the prosecution’s side that 10 people were dead and 68 people were injured. You have to balance those.”

MEDIA FRENZY

Interest in the Farmers’ Market trial was intense, with several local news outlets following it throughout. For some jurors, the outside attention proved a challenge, under orders not to watch or read news reports about the case or discuss it with family and friends. Indeed, one juror had to be excused by Judge Johnson after the Santa Monica resident raised concerns about his ability to remain impartial after overhearing people talking about the case while he and his wife sipped coffee on Main Street.

Judge Johnson thanked the jurors for their service.

“You all were very attentive and listened carefully to the evidence,” the judge said. “You are the tops. In all the trials I’ve had, you were the most punctual jury.”

While some questioned the defense team’s decision to not have Weller testify, nor even attend the trial, Overland said he had no regrets about the case he and his colleagues presented.

“I think we did the right thing. There were reasons for it and we stand by those reasons,” Overland said. “We wouldn’t change anything with the trial ... The thought of a plea bargain never came to mind.”

Since the accident, Weller’s health has deteriorated to the point that Overland seemed unsure the 89-year-old would even comprehend the verdict. Once a gregarious, community-oriented person who used his free time to tutor students during retirement, Weller has since become a recluse who rarely leaves his home.

“His life has never been the same since (the accident),” Overland said. “We had over 100 people who spoke on his behalf, telling how wonderful and how much of an influence this man was to them in their lives ... It’s unfortunate and tragic that this is how he is going to be remembered — for 20 seconds of his life rather than all the good he has done in close to his 90 years.”