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# Weller trial will likely be put off
- URL: https://www.smdp.com/weller-trial-will-likely-be-put-off/
- Published: 2005-07-19T15:00:00.000Z
- Updated: 2026-10-23T07:28:45.000Z
- Author: Ryan Hyatt
- Tags: Crime, Santa Monica, #archive-import

*Police cars used as barriers at market*

LAX COURTHOUSE — The criminal trial against the elderly man who crashed through the Santa Monica’s Farmer’s Market will likely not begin until next year, when the prosecuting attorney on the case returns from maternity leave.

Attorneys said Russell Weller, 88, has been ordered to face a jury on charges of negligence after he killed 10 and injured dozens of people as his car motored through the Farmer’s Market two years ago. However, a trial will most likely be put off until Deputy District Attorney Ann Ambrose, who is prosecuting the case, returns from maternity leave.

The District Attorney’s office said Ambrose, who is currently working but expecting, has up to a year from the time she gives birth before she would be required to return to her job. She is expected to keep her cases, unless she and the DA’s office decide to transfer them to other attorneys.

On Monday, the DA’s office couldn’t confirm whether or not the case will be transferred to another prosecutor. Ambrose didn’t return calls seeking comment.

Meanwhile, Weller’s attorney, Mark Overland, said his aging client continues to be in deteriorating health.

“With all of his health problems, he’s not going to be getting any better,” Overland said of Weller.

Attorneys on both sides met for a pre-trial conference on Monday. Another conference was set for Oct. 18.

Weller 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 catastrophe. 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.

Meanwhile, at least 63 civil lawsuits have been filed against the city of Santa Monica and the Bayside District Corp., which manages downtown Santa Monica, according to 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 of Santa Monica should have had protective barriers situated 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 now man both ends of the market.

*Originally published in the Santa Monica Daily Press print edition on July 19, 2005.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/071905.pdf?ref=smdp.com)