Guilty verdict in crash trial leaves SM residents divided
CITYWIDE — The day when George Russell Weller plowed his car through the Farmers’ Market on Arizona Avenue more than three years ago is still crystal clear in Vince Garcia’s mind.
Immediately after the deadly July 16, 2003 crash, a crowd of frantic people burst into Western Spirit, a store specializing in western wear that Garcia manages on Third Street. People were screaming for Garcia to call 9-1-1. A vehicle had just driven into the nearby Farmer’s Market, located just a few yards from the store, killing 10 people and injuring more than 60 others.
On Friday, just hours after a jury found Weller guilty on all 10 counts of vehicular manslaughter, possibly sending him to prison for up to 18 years, Garcia said he was pleased with the verdict. He hoped it would send a clear message that regardless of age, those who commit a crime will be punished.
Weller, who was 86 years old at the time of the crash, is now 89 and in ailing health.
Reaction to the verdict in Santa Monica ranged from disbelief to satisfaction. Some could not believe that a jury would find an elderly man in the final stages of his life guilty of a crime that many thought was a SM COURTHOUSE — After being found guilty on Friday of 10 counts of vehicular manslaughter with gross negligence for his role in the 2003 Farmers’ Market crash, George Russell Weller will next face a civil trial, scheduled to begin early next year.
Thirty-six lawsuits were filed against Weller; City Hall; the Southland Farmers Market Association, operators of the farmers market on Arizona Avenue; Bayside District Corp., a nonprofit organization that operates downtown with money from City Hall; and Step Up on Second, a social service agency whose members volunteer at the market.
City Hall was released from liability in July because of a law that grants design immunity to cities that have constructed an intersection or traffic management plan according to state standards and approved by a licensed engineer.
Southland Farmers’ Market Association was subsequently granted a motion for summary judgment.
Meanwhile, Step Up on Second is in the process of negotiating a multi-million dollar settlement with victims and their relatives.
That leaves Weller and Bayside District Corp. as defendants in the civil case, set to begin Jan. 16, 2007.
Weller, who was 86 at the time of the accident, drove his car through a bustling Farmers’ Market on Arizona Avenue on July, 16, 2003, killing 10 and injuring 68 others.
Attorneys for some of the plaintiffs reacted strongly to Friday’s verdict.
“It would add weight to the defendants’... arguments that Weller is solely responsible,”said Michael Piuze, attorney for the families of three people who were killed by Weller.
“The verdict of guilty cannot help the plaintiffs in the civil case, and there have been people associated with the case who have thought the real purpose of the prosecution was to help out the city of Santa Monica,” Piuze said.
Stan Jacobs, attorney for a woman seriously injured by Weller who ultimately died before her civil trial went to court, is one of those people.
“Weller is the fall guy, when the real culprit is the city of Santa Monica,”said Jacobs.“The city of Santa Monica played Russian Roulette with the people who attend that market.
“The city should be held accountable.” Attorneys for the plaintiffs appeal the decision by Santa Monica Superior Court Judge Valerie Baker to grant City Hall immunity, however, the California Supreme Court has refused to hear the case.
Dana Alden Fox, an attorney with the law firm Lynberg & Watkins, which is representing City Hall, had a different reaction to the verdict.
“I was not shocked,” Fox said. “I think the District Attorney Ann Ambrose presented a compelling case. This verdict validates the city’s position in the civil case that the city is not responsible or liable for this tragic incident.”
Attorneys for the plaintiffs have filed a motion to have the trial postponed until sometime in March 2007 to allow them time to prepare for trial. That hearing is schedule for Oct. 24. tragic accident, while others believed justice was served.
The 600 block of 25th Street that Weller calls home was surprisingly peaceful on Friday, belying the stark verdict that had just been issued in a Downtown LA courtroom. The street was filled with the noises of hammers, as the house next to Weller’s single-story home was under construction.
“It’s a shame,” said Kit Dreyfuss, who lives across the street from Weller.“I think it was a very bad decision on part of the jury.”
Dreyfuss has known Weller since she moved into her home in 1969. She called her neighbor “one of the finest people you’ll ever meet.”
“It’s terrible for the people killed, it’s terrible for the people injured, and it’s terrible for him [Weller],” Dreyfuss said.
Meanwhile, city officials expressed hope that the verdict would close a very sad chapter in Santa Monica’s history.
“I don’t know any of the people who were injured, nor do I know Mr. Weller, but I do know his close relatives and I can assure you they are as devastated as everyone is by this,” said Mayor Bob Holbrook.
Since the accident, the city has taken heightened measures to ensure a similar tragedy is not repeated. Rubber cones and saw horses served as barricades before the accident. Today, cars and trucks are in their stead.
City Councilman Richard Bloom, who was mayor when the crash occurred, said he was surprised by the verdict. Bloom thought Weller would be acquitted of all charges.
“I know the healing is going to be long-term and ongoing,” Bloom said.“It’s not something that is going to go away anytime soon in the eyes of those who are close to the events.”
It was business as usual on Friday along the Third Street Promenade, where shoppers and power walkers were enjoying the beautiful weather. Those who had heard the Weller verdict through word-of-mouth said they were shocked.
“I don’t think he’s going to live long, so why make him suffer in jail?” asked Sameer Jooma, owner of Giorgio Vasari on Third Street. “He’s not a risk. It wasn’t anything malicious.”
Jooma remembers the day when the accident occurred. He never once thought Weller had purposely driven his car into the market.
“Maybe he blanked out,” Jooma said. Esther Kim of Santa Clarita agrees that Weller probably did not drive into the market intentionally. Kim, who was sitting on the promenade with a friend, said the judge should sentence Weller to one year in prison with community service.
Daily Press Staff Writer Kevin Herrera contributed to the reporting of this article.
Originally published in the Santa Monica Daily Press print edition on October 21, 2006. Read the original PDF.