November 16, 2010

DUI Trial for Driver in MLB Player’s Death Continues

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The trial of DUI defendant Andrew Gallo is now focused recently on whether Gallo knew that driving drunk was a dangerous decision just before he hit and killed Nick Adenhart, a pitcher for Major League Baseballs’ Anaheim Angels, and two other people.

The prosecution in the case, in its closing statements, made the claim that Gallo knew the dangers of what he was doing, and that he cared only about himself, according to an article in the Associated Press.

Deputy District Attorney Susan Price told the jury in the California DUI case that Gallo “made the decision to get intoxicated beyond the point of any reason.”

The defense argued that Gallo did not act out of malice, and did not mean to kill anybody. According to the defense, Gallo thought that his stepbrother would be the designated driver, and only drove after his stepbrother became intoxicated as well.

Gallo was in a state of blackout brought on by excessive drinking.

Price replied by saying, “He doesn’t get rewarded for three free murders because he chose to get too drunk. The car keys weren’t forced upon him. They weren’t glued to his hand.”

The prosecution allege that Gallo and his stepbrother drank beer and took shots at three different bars over the course of several hours before he ran a red light at 65 miles per hour and struck the car in which Adenhart was a passenger.

Adenhart was killed, as were his friends Courtney Stewart and Henry Pearson. Their car was allegedly T-boned by Gallo’s car. Stewart and Pearson were killed instantly, while Adenhart died while in surgery. Earlier that evening Adenhart had pitched his first game of the season for the Anaheim Angels.

Jon Wilhite was the fourth passenger in the car and the only survivor. He has endured a long rehabilitation after skull and spine injuries.

Gallo has pleaded not guilty to three counts of second degree murder. According to the prosecution, his blood alcohol content was three time over the legal limit for operating a motor vehicle.

If he is convicted of the charges, which include others for fleeing the scene and DUI-related charges, he faces 50 years in jail.


View the original article here

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The acronyms DUI, DWI, OMVI and OVI all refer to the same thing: operating a vehicle under the influence of alcohol or drugs. The most commonly used terms are DUI, an acronym for Driving Under the Influence, and DWI, an acronym for Driving While Impaired.
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