Charges stem from July 16, 2003 Farmers’ Market incident
By CAROLYN SACKARIASON AND JOHN WOOD Daily Press Staff Writers
Felony manslaughter charges were filed Monday against the elderly man who killed 10 people when he drove through the downtown Farmers’ Market last July.
Santa Monica resident Russell Weller, 87, was charged by the Los Angeles District Attorney’s Office with 10 counts of vehicular manslaughter with gross negligence. The case comes two weeks after police concluded their five-month investigation and turned the case over to the DA.
Weller, who has remained secluded in his home north of Montana Avenue since the July 16 incident, must appear at the LAX Courthouse for his initial court appearance at 10:30 a.m. today, His attorney, James Bianco, will hold a press conference after the arraignment. Weller’s bail has been recommended by the DA at $50,000.
Weller is charged in the deaths of Theresa Bregalia, 50, of Bronx, N.Y.; Brendon Esfahani, 7 months, of Los Angeles; Molok Ghoulian, 62, of Los Angeles; Gloria Gonzalez, 35, of Venice; Movsha Hoffman, 78, of Santa Monica; Leroy Lattier, 55, a Santa Monica transient; Diana McCarthy, 41, of New York, N.Y.; Kevin McCarthy, 50, of New York, N.Y.; Cindy Valladares, 3, of Los Angeles; and Lynne Ann Weaver, 47, of Woodland Hills. The victims were fatally struck while shopping at the Farmers’ Market on Arizona Avenue after Weller plowed through the crowd in his Buick Le Sabre. Sixty-three others were injured.
If convicted on all counts, Weller faces a possible sentence ranging from probation to 18 years in state prison. Deputy District Attorney Ann Rundle will prosecute the case.
Rundle will have to prove that Weller’s behavior was aggravated, reckless or flagrant to prove gross negligence. Without gross negligence, vehicular manslaughter is a misdemeanor and carries a maximum sentence of four years in prison. In California, a finding of negligence depends on what a “reasonable” person would do.
Weller’s fate has been the subject of much debate within the community over the past six months. Public sentiment has run both ends of the spectrum — that he should be charged to the fullest extent of the law to it was a tragic accident and Weller should be cleared of all charges.
Santa Monica residents Paul Pentheroudakis, 36, and Nicole Katof, 34, who were walking down Arizona Avenue Monday evening next to where Weller’s car entered the busy market, said the situation was tragic but charging Weller was the wrong thing to do.
“I don’t know all the facts in the case, but my instinct is he should not be prosecuted,” Pentheroudakis said. Katof agreed, adding, “The government should make better regulations as far as seniors’ ability to drive.”
Resident Jonathan Chapman, 22, disagreed. Chapman, a 1999 Samohi graduate who drives elderly people to and from their homes, activities and errands, said someone needs to be held responsible for the accident.
“Either him or the person taking care of him in one way or another should have know that he wasn’t fit to drive,” Chapman said.
But now it’s up to the court to seal Weller’s fate.
“The district attorney’s office strongly believes that this tragic incident should be addressed in the courtroom,” said DA spokeswoman Sandi Gibbons.
After a lengthy investigation, the Santa Monica Police Department determined that Weller was traveling at an unsafe speed — a violation of California penal code — and the primary cause of the accident. The California Highway Patrol and the SMPD submitted a 917-page report to the DA’s Office on Dec. 17 and recommended manslaughter charges.
Police also attribute Weller’s medical condition of reduced mobility as a contributing factor of the accident. That may be why Weller didn’t stop when he initially rear-ended a Mercedes Benz at the intersection of Fourth Street and Arizona Avenue before he accelerated 245 feet into the market’s entrance.
Police say it appears as though Weller hit the gas pedal instead of the brake when his vehicle hit the left rear of the Mercedes, which was attempting to make a right turn onto northbound Fourth Street from Arizona Avenue. The Mercedes, driven by an unidentified female, was waiting for a pedestrian to cross the street when she was struck from behind by Weller.
After the collision, Weller pushed the Mercedes out of the way and into crosswalk. According to witnesses, Weller accelerated rapidly toward the market and struck a pedestrian standing on crutches near the “road closed” sign where the market begins.
Of the more than 200 witnesses interviewed, no one saw the Buick’s brake lights illuminate in the 1,000 feet Weller traveled. The Buick stopped as a result of rolling friction and objects trapped beneath the car, including a body, the final fatality. There were more than 100 separate collisions during the incident, police said.
Victims and their family members have hired lawyers and are preparing for protracted civil battles. They plan to pursue Weller and the city of Santa Monica for compensation. Legal experts have speculated that City Hall will become a target for much of the liability as the assets of Weller, a retired wholesale grocer, will easily be exhausted.
More than 28 claims have been filed against City Hall by victims and their families. For City Hall to be found liable for the accident, it will have to be proven that a “dangerous condition of public property” existed when Weller’s car entered the market that was closed off by a wooden sign, and that officials either knew or should have known about the potential danger. The twice-weekly market is now barricaded at both ends with large trucks.
With Weller’s future uncertain, neighbor Mary Roney, who visits the Wellers several times each week, said the accident has taken a toll on the family. Weller’s health has reportedly deteriorated since the incident.
“The whole family is devastated,” said Roney. “It’s taken it out of the couple’s health. It’s never far from their mind.
“Russ is still his wonderful self,” she added. “The kindness is still there, the love of humanity is still there — but the vitality and enthusiasm for everyday life isn’t.”
Originally published in the Santa Monica Daily Press print edition on January 6, 2004. Read the original PDF.