Special accident team brought in to investigate market tragedy
POLICE DEPT. — After more than four months of investigating, authorities expect to soon complete their report on the farmers’ market tragedy that left 10 dead and 80 injured when an elderly man sped through a crowded downtown street.
Officials from the California Highway Patrol and Santa Monica Police Department met last week. Investigators from CHP briefed SMPD Chief James T. Butts Jr. and detectives on the status of the eagerly anticipated report, which they plan to file next month. Suspected murderer busted for firearm “We anticipate the report in its final form within seven to 14 days,” said SMPD Lt. Frank Fabrega. “The report will be examined and reviewed by Santa Monica detectives and later, both reports, SMPD’s and the CHP’s, will be submitted to the DA’s office.”
Charges have yet to be filed against Russell Weller, in his late 80s, who apparently lost control of his Buick Le Sabre and sped through the crowded farmer’s market off of the Promenade on July 16. Just before the incident, Weller, of Santa Monica, reportedly hit a Mercedes at the intersection of Fourth Street and Arizona Avenue.
The DA’s office will determine whether to file criminal charges against Weller. Trial attorneys already have been detained by several of the victims and their families, who are considering pursuing Weller for compensation in civil lawsuits. They have been holding off on filing lawsuits until the criminal investigation is complete.
Fabrega said both agencies have worked on their reports concurrently.
Once the CHP submits its report, the two will be combined and both will be turned over to the DA’s office. The report is more than 900 pages and includes hundreds of witness statements and hundreds of pieces of evidence that were analyzed. The report, which has been organized into spreadsheets, contains diagrams and other information relating to the accident scene and investigation, CHP officials have said.
One of Weller’s criminal defense attorneys, James Bianco, has declined to comment until charges are filed or the investigation is complete. He has said in the past that Weller is extremely distraught and remorseful over the incident. Weller, whose license was suspended shortly after the accident, has remained silent since the incident occurred.
Because it doesn’t appear that he was acting intentionally, Weller probably won’t face first-or second-degree murder charges, but he could be charged with vehicular manslaughter, lawyers say. 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.
Some legal experts say it’s unlikely that charges won’t be brought against Weller since it will be up to the court to decide the punishment, if there is any.
A special unit of the CHP was brought in by the SMPD almost immediately after the incident. 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 in this case is the SMPD, said CHP officer Richard Wong, who led the team at the farmer’s market scene.
Originally published in the Santa Monica Daily Press print edition on November 25, 2003. Read the original PDF.