DA must now decide what charges to file in Farmers’ Market tragedy
POLICE HEADQUARTERS — The Santa Monica Police Department is seeking manslaughter charges against Russell Weller, the elderly driver who killed 10 people and injured 63 when he sped through the Farmers’ Market in July.
The SMPD and the California Highway Patrol concluded their investigation and turned over a report to the Los Angeles District Attorney’s Office this week. The DA’s office, which is expected to make a decision on whether to file criminal charges within weeks, accepted the 917-page report on Wednesday.
SMPD determined that Weller, 86, was traveling at an unsafe speed — the primary cause of the accident. Police also said Weller suffered from reduced mobility and that may be why he didn’t stop after rear-ending a Mercedes Benz at the intersection of Fourth Street and Arizona Avenue. He then accelerated 245 feet and through the market’s entrance. Police say it appears as though Weller hit the gas pedal instead of the brake when his 1992 Buick LeSabre struck the left rear of the Mercedes, which was preparing 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 hit.
After the collision, Weller’s car pushed the Mercedes out of the way and into the crosswalk. According to witnesses, Weller accelerated rapidly toward the market and struck a pedestrian standing on crutches near the “road closed” sign on the edge of the market. The pedestrian was thrown about 60 feet, said Of 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, Butts said.
Head LA Deputy District Attorney John Lynch, also at the conference, said up to 10 counts of manslaughter could be filed, but it’s too early to speculate.
Butts said hit and run charges were not filed against Weller relating to the collision with the Mercedes because it’s not considered a primary cause of the fatal accident. Weller was conscious during the entire incident and had no other health conditions that would have prevented him from taking the car out of gear, Butts said.
Manslaughter charges could range from voluntary — which carries intent to kill — to involuntary — which doesn’t require Weller acted with intent.
Without intent, the most serious charge Weller may face is vehicular manslaughter, lawyers said. 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.
Lynch said the manslaughter charges could fall anywhere on the spectrum from simple negligence to gross negligence. Based on the most serious of charges, Weller could face as many as 10 years in jail, Lynch said, adding it’s only speculation.
Some legal experts have said that the DA’s office is likely to charge Weller 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 may be tying the fact that lives were lost to the idea that Weller apparently intended no harm.
Weller’s attorney, James Bianco, has said in the past that Weller is extremely distraught and remorseful over the incident. Bianco said in a statement that he’s anxious to see what the DA’s charges will be and that Weller’s health has deteriorated — he’s been hospitalized three times since the tragedy. Weller’s license was suspended shortly after the accident.
Aside from the criminal charges, civil lawsuits are expected. Local attorneys already have been retained by victims and their families.
Santa Monica trial attorney Brian Panish said a week after the incident that he has been retained by several of the victims and their family members, who will now pursue Weller for compensation in civil lawsuits.
Panish said the city of Santa Monica, which is responsible for the twice-weekly market, and General Motors, which manufactured the 1992 Buick LeSabre Weller drove, will likely also be sued.
Experts said establishing liability against those deeper-pocketed entities will be a crucial factor in any pending litigation, as the assets of Weller, a retired wholesale grocer, are likely to be exhausted rather quickly.
As of Wednesday, 28 claims had been filed against City Hall, Deputy City Attorney Jeanette Schachtner said.
City officials held a special meeting in July to discuss possible lawsuits arising out of the crash. In order to find the city liable, attorneys must prove that a “dangerous condition of public property” existed and that City Hall either knew or should have known about it.
Originally published in the Santa Monica Daily Press print edition on December 18, 2003. Read the original PDF.