NO JAIL TIME: Driver sentenced for Market crash WELLER MADE TO PAY
DOWNTOWN LA — The 89-year-old man convicted of killing 10 people and injuring 68 others when he plowed through a crowded Farmers’Market in Santa Monica three years ago “deserves to go to prison,” but because of his advanced age and failing health,he will spend the next five years of his life on probation, a judge ordered Monday.
Los Angeles Superior Court Judge Michael Johnson said George Russell Weller “displayed enormous indifference” to human life and seemed to care only about himself following the accident, going so far as to lie to police to protect himself.
That said, Johnson felt no justice would be served by sending the soon-to-be nonagenarian to prison for what could have been 18 years — most certainly a death sentence.
“Sending Mr. Weller to jail or prison would be a burden on the prison authorities. It would require the taxpayers to pay the substantial costs of Mr. Weller’s medical care and it would most likely kill Mr. Weller,” Johnson said. “None of that is right, and it makes no sense, so I will place Mr. Weller on probation. I believe it’s better to do that, and require him to comply with financial conditions that will assist the victims in recovering their losses.”
Johnson ordered Weller, a retired food broker living on 25th Street in Santa Monica, to pay $57,500 for restitution and $44,200 in fines, penalties and fees. Further restitution could be awarded later for the remaining victims’ families.
Weller was found guilty on Oct. 20 of 10 counts of vehicular manslaughter with gross negligence, following a four-week trial that included more than 30 witnesses, including experts on traffic collisions and scores of people who were at the market on July 16, 2003 and testified to seeing bodies bounce off of Weller’s sedan as he drove through the entire length of the market.
Weller’s car only came to a stop as a result of a woman’s body being dragged beneath it, serving as “a human brake,” according to trial testimony.
The accident occurred around 1:45 p.m., after Weller rear-ended a Mercedes Benz at the corner of Arizona Avenue and Fourth Street. Some witnesses said Weller, who was on his way home after mailing a letter to his niece, drove around the Mercedes and accelerated rapidly into the market, as if he was trying to flee the scene of an accident.
Weller’s defense argued that their client suffered from “pedal error”— a rare phenomenon in which a panicked driver hits the accelerator rather than the brake pedal — becoming confused and disoriented following the fender-bender and lost control of his 1992 Buck LaSabre as it barreled into the open-air market.
The death toll from the 20-second crash was the largest number of pedestrian fatalities from a traffic incident in California history, according to the California Highway Patrol.
‘CALLOUS’ AND ‘COWARDLY’
Family members of one of the victims — 47-year-old Lynn Weaver — tearfully pleaded for the maximum sentence, calling Weller “callous” and “cowardly” for failing to be present during the hearing. Many were hoping for an opportunity to face Weller so that he could see what devastation his actions brought to their lives.
“I will never be able to see my mom again because one person was so careless,” said an emotional Jennifer Weaver, whose mother was buying flowers when she was struck and killed. “I wish I could have my mother back. I would do anything to have her back. But I can’t... Mr. Weller needs the maximum punishment. If it’s life, so be it.
“I’ll never be able to see my mom again. Why should he be able to see his family?”
Johnson issued his ruling before a courtroom filled nearly to capacity as family members from both the victims and Weller were seated next to more than a dozen journalists. Few showed emotion when the judge handed down the sentence.
The hearing began with Johnson denying the defense’s request for a new trial based on allegations of jury misconduct and faulty jury instruction.
Johnson then read the names of the 10 victims, who, along with Weaver, included: 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, transient; Diana McCarthy, 41, and Kevin McCarthy, 50, both of New York; and Cindy Valladares, 3, of Los Angeles.
While several members of Weaver’s family called on Weller to apologize and show remorse for his actions, Weaver’s husband, Robert, chose to focus his anger towards the City of Santa Monica, elected officials and the judge in the civil trial for “aiding and abetting” Weller.
“To the Weller family, I would like to offer an apology,” Robert Weaver said. “I’m sorry for you (and) I’m sorry for Mr. Weller that the City of Santa Monica did not take the appropriate steps to confine this to what it should have been — a simple traffic accident... Patrons at the market continue to be inadequately protected.”
Following the Weaver family came Dr. Robert Bone, Weller’s nephew, who spoke proudly of his uncle “Russ,” who looked out for him and his mother during his own father’s alcohol binges. Bone said his uncle was a “proud and active member of the Santa Monica community,” who volunteered at Santa Monica High School to help special education students, one of whom became a sergeant in the Los Angeles Police Department.
“Russ is a loving father, grandfather and great grandfather who is now living a life dominated by depression, guilt and despair.”
Bone stressed that Weller accepted responsibility for the accident and has expressed remorse for his actions. The reason why Weller may not have shown much emotion after the accident and in the years that followed is that it “took time for him to understand the extent of the tragedy.”
One of Weller’s attorneys, Mark Borenstein, said of his client, “He has punished himself far more completely than the state of California can ever do.”
Deputy District Attorney Sam Dordulian asked the judge to order an independent medical and psychological examination of Weller, saying Weller should be forced to “confront the tragedy that he caused.”
But the judge said he did not see any need for further examinations.
“I believe the courts need to be practical, as well as principled, and I don’t see any purpose in sending Mr. Weller to jail or prison. It wouldn’t do anybody any good,” Johnson said. “Mr. Weller surrendered his driver’s license and gave up driving in 2003. Today, he’s one month short of 90 years old, and his health is rapidly failing.”
Johnson noted that he had received two sworn declarations from Weller’s doctors describing his serious health problems, including severe heart disease.
“His condition became much worse last month, in October 2006, when Mr. Weller fell and suffered a head injury, resulting in fluid on the brain and loss of bodily functions. He’s now confined to his home, and his sick bed, with 24-hour health care,” the judge said.
Outside court after the sentencing, District Attorney spokeswoman Sandi Gibbons told reporters that the prosecution wanted some additional testing on Weller before sentencing, but noted that the judge didn’t see it that way.
“Our office felt that we didn’t have the medical information and the psychological information necessary to make a reasoned decision,” Gibbons said.
Defense attorney Mark Overland disagreed.
“Any time an innocent man is sentenced, it’s not the right thing,” said Overland. “So, if you’re asking me whether justice was served, I’d say no. Did he (the judge) do the right thing, given what the verdict was? Absolutely.”
Overland said that he believed the jury’s verdict was “tainted,” alleging that jurors committed misconduct during deliberations and that Weller’s conviction is “not going to stand up on appeal.”
The defense has already filed to appeal Weller’s guilty verdict.
Overland described Weller as an individual who had been transformed from “a very lively, gregarious octogenarian into somebody who lives in virtual seclusion, who constantly — day after day after day — is haunted by what happened and feels remorse.”
Originally published in the Santa Monica Daily Press print edition on November 21, 2006. Read the original PDF.