Experts sifting through Farmers Market evidence
Experts are zeroing in on answers to last month’s Farmers Market tragedy in which an elderly Santa Monica man killed 10 and injured close to 80 people after driving down a crowded street.
Evidence currently being analyzed by investigators may, in turn, determine what charges to bring against Russell Weller, 86, who apparently lost control of his Buick Le Sabre and sped through the crowded Farmers Market off of the Promenade on July 16. According to police, he reportedly hit a Mercedes at the intersection of Fourth Street and Arizona Avenue just before driving down Arizona Street where the market was underway.
Authorities said the investigation would take about two months and may conclude in the next two weeks. The case is then expected to be handed over to the District Attorney’s Office, which will decide whether to file criminal charges against Weller.
One of Weller’s criminal defense attorneys, James Bianco, said that Weller is extremely distraught and remorseful over the incident. Beyond that, Bianco declined comment until the investigation concludes. Weller, whose license was suspended shortly after the accident, has remained silent since the day of the tragedy.
Criminal charges could be complicated by the fact that Weller didn’t intend to hurt anyone. Without intent, the most serious charge he may face is vehicular manslaughter, lawyers say. Even so, prosecutors would have to show 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.
Some legal experts say that charges against Weller are likely since a judge or jury would still have to agree to get a conviction. It’s accepted that Weller may have committed various “moving violations.” More complex is the question of tying the fact that lives were lost to the idea that Weller intended no harm.
“It is hard to imagine the prosecution would have a hard time establishing criminal negligence,” said Peter Arnella, a criminal law professor at UCLA.
“It is hard to imagine the prosecution would have a hard time establishing criminal negligence.” — — PETER ARNELLA Law professor, UCLA
385,A special unit of the California Highway Patrol was brought in by Santa Monica Police almost immediately after the incident, which occurred shortly before 2 p.m. just over six weeks ago.
The unit, called the “Multi-disciplinary Accident Investigation Team,” or MAIT, specializes in in-depth accident investigations. The team was requested by SMPD and is comprised of experts who analyze every inch of the crime scene and then attempt to recreate the incident. The team then presents its findings to the lead investigating agency, which is the Santa Monica Police Department, said CHP officer Richard Wong, who led the team at the Farmers Market scene.
“When we get called into an incident it has to be major or high profile,” Wong said, adding that Los Angeles County’s MAIT team investigates about 90 cases a year in Southern California. “We work as a supporting unit and assist when we are needed.”
Wong said hundreds of witnesses have been interviewed and hundreds of pieces of evidence are being analyzed. The team’s file on the incident is three inches thick and witness statements have been organized into spreadsheets, Wong said.
“A lot of the subjects we were dealing with are already completed,” he said, adding that team members will often engage in a heated debate when the investigation reaches the consensus stage. “In the next few weeks, it will be down and dirty.”
Once a consensus is reached, the report goes through an extensive peer review before it is sent to the lead agency, Wong said.
Based on the evidence and witness statements, the MAIT team will often reconstruct the incident from the starting point to the end. However, in the case of the Farmers Market, the team worked backwards because hundreds of emergency personnel set up the triage area where Weller first entered the market.
583,“We look at it as if someone did something and it may be criminal or it may not,” Wong said. “We have to look at all aspects.
“How was the damaged sustained? How did the driver interact with the car? Did he have a phone ear piece in? Was his radio turned up loud? What was the weather like? Was the sun in the driver’s eyes?”
Determining what happened right before the accident is key for the MAIT team. Determining what occurred 200 or 300 feet before the incident usually provides a host of answers for investigators, Wong said.
The MAIT team handles large accident scenes that usually involve between 1,000 and 1,500 feet of roadway. By that standard, the Farmers Market, whose two-plus blocks are on the lower-end of that range, was a routine scene for the CHP, Wong said. But there were more witnesses and debris than usual, he added.
“We arrived at 4 p.m. and we were there until 10 p.m. Six hours for a scene like that is pretty good,” Wong said. “It was still massive and it was very challenging.”
Each team member has an area of expertise, including a mechanical inspector who inspected Weller’s car and a roadway engineer who analyzed the street’s condition. Also on the team is a forensic specialist, three CHP officers and a sergeant.
Those team members may be called in to court to testify, whether it’s in a criminal or civil case, Wong said.
Originally published in the Santa Monica Daily Press print edition on August 29, 2003. Read the original PDF.