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# Trial date yet to be set in farmers’ market case
- URL: https://www.smdp.com/trial-date-yet-to-be-set-in-farmers-market-case/
- Published: 2005-07-06T15:00:00.000Z
- Updated: 2026-10-23T07:22:39.000Z
- Author: Carolyn Sackariason
- Tags: Crime, Santa Monica, #archive-import

*Civil lawsuits against City Hall in farmers’ market crash on hold*

Russell Weller, the elderly man who killed 10 and injured dozens of people when he drove his car through the Santa Monica Farmers’ Market nearly two years ago, may face a jury in the upcoming months.

A possible trial date is expected to be decided upon when lawyers from both sides meet on July 18, just two days after the two-year anniversary of one of the city’s biggest tragedies.

“We’ll be ready whenever the court sets a date,” said Mark Overland, one of Weller’s defense attorneys. He added that some additional work still needs to be done before going to trial.

However, the trial could be delayed even longer since lead prosecutor Ann Ambrose is expected to take maternity leave, which would then require a new attorney to familiarize himself or herself with an already complicated and involved case.

Weller, 88, faces 10 counts of vehicular manslaughter with gross negligence, which were filed by the Los Angeles District Attorney’s Office several months after the July 16, 2003 crash. If convicted on all counts, Weller’s sentence could range from probation to 18 years in prison, according to the DA’s office. Weller has pleaded not guilty to the charges.

Federal safety investigators ruled last year that Weller mistakenly stepped on the gas rather than the brake as he drove west on Arizona Avenue. Investigators ruled out mechanical failure, weather, alcohol or drugs, and fatigue.

Weller traveled 995 feet through the market at speeds of up to 60 mph, avoiding parked cars but hurling pedestrians into the air before stopping, a 900-page California Highway Patrol report said. The 10 people killed ranged in age from 7 months to 78 years old.

Days after the crash, Weller issued a statement saying he was distraught and heartbroken. His attorney called it an accident. Since then, Weller has remained secluded in his Santa Monica home, and is reportedly in ill health.

Meanwhile, 63 civil lawsuits have been filed against the city of Santa Monica and the Bayside District Corp., which oversees the market, said Jeanette Schachtner, chief deputy city attorney. Those civil proceedings are on hold until the criminal trial is complete. There also are dozens of civil lawsuits filed against Weller, as well as the Los Angeles County’s agricultural commissioner and the state of California.

Attorneys representing the plaintiffs argue the city should have had protective barriers at both ends of the market. The City Attorney’s Office argues that Santa Monica officials maintain that it was a tragic accident that couldn’t have been foreseen. Police vehicles are now parked at both ends of the market.

*Originally published in the Santa Monica Daily Press print edition on July 6, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/070605.pdf?ref=smdp.com)