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LATE NEWS
SMPD Files Farmers' Market Case with D.A., Recommends Charge of Manslaughter
D.A. says decision will be made in a few weeks
After a five-month investigation by his department and the California
Highway Patrol of the July 16 Santa Monica Farmers' Market disaster in
which 10 people were killed and dozens injured, Santa Monica Police
Chief James T. Butts, Jr. announced Wednesday, December 17, that the
case was being filed with the District Attorney's office, recommending
that George Russell Weller be charged with manslaughter.
At Butts' side at the press conference, Deputy D.A. John Lynch said a
voluntary manslaughter charge alleges an intent to kill, while
involuntary manslaughter alleges either simple or gross negligence.
The decision on whether Weller will be charged and what he will be
charged with will be made by the D.A.'s office in the next few weeks.
Weller, 86, drove his 1992 Buick Le Sabre into the crowded market on
Arizona Avenue, following a collision with a Mercedes in the
intersection of Arizona and Fourth Street just east of the market.
In discussing the manslaughter charge, Butts said, "He was at best
negligent in his operation of a motor vehicle."
Using a diagram of Arizona Avenue, Butts gave a detailed account of
the disastrous sequence, during which the car traveled almost 1,000
feet, had over 100 separate collisions, and left ten people, ranging
from an infant to senior citizens, dead and 63 injured.
According to Butts, on Wednesday, July 16, at approximately 1:45pm,
after leaving the Main Post Office on Fifth Street in Santa Monica,
Weller drove west on Arizona Avenue. According to witnesses, he slowed
down but did not stop as he neared the Mercedes in the Fourth Street
intersection. After the right bumper of his car hit the left rear area
of the Mercedes, causing minor damage to both vehicles, Weller
allegedly accelerated.
Butts said, “Pedal misapplication provides the best explanation for
acceleration of the Buick upon impact with the Mercedes."
After breaking contact with the Mercedes, according to witnesses,
Weller proceeded west on Arizona, still accelerating as approached the
market, then struck and killed a pedestrian on crutches standing near
the "Road Closed” sign at the market. The car cut a path of
devestation through the market, before coming to a stop near Second
Street.
In the immediate aftermath of the disaster, investigators arrived on
the scene and immediately began gathering evidence and interviewing
witnesses. Weller was taken into custody at the scene, and released
later that day.
Police have concluded that Weller was conscious the entire time. There
were no witness reports of brake light illumination at any time, and,
when the vehicle finally slowed and came to a stop, it was, Butts
said, the
“result of rolling friction and objects trapped beneath the car,
including the body of a pedestrian, the final fatality.”
In a written statement, District Attorney Steve Cooley said, “ Now
that we have the completed investigation from Santa Monica Police and
the accident reconstruction by the California Highway Patrol, we will
finish our review and make a filing decision that evaluates this day
of horrific carnage.”
The analysis of the environmental, vehicle and human factors,
contained in a 917-page document, concludes that the primary collision
factor was unsafe speed. A contributing factor, according to the
findings, is Weller’s medical condition, including reduced mobility.
The report found no evidence that Weller attempted to take the car out
of gear or used the brakes. The report also noted that no other
vehicles or environmental factors played a role in the incident.
Mark Overland, Weller’s attorney, told the Los Angeles Times that it
was a “tragic accident,” and not a “criminal act…There was neither
intent, nor negligence on Weller’s part.”
The Santa Monica P.D. is seeking 10 criminal counts of manslaughter
for the 10 deaths, but the decision on charges will be made by Los
Angeles County prosecutors.
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