RIVERSIDE — A 37-year-old motorcyclist was killed in a collision at a Riverside intersection, authorities said Tuesday.
Martha Casillas of Riverside was fatally injured at about 10:30 p.m. Monday at Cochran and La Sierra avenues, according to the Riverside Police Department.
Officer Emilio Angulo said Casillas was going southbound on La Sierra when she “failed to stop for a red light” and entered the intersection as a 2020 Honda Civic approached on Cochran, going east.
“Both vehicles collided,” Angulo said.
The Honda driver, identified only as a 20-year-old Fontana resident, was not injured, nor were any of his passengers, according to Angulo.
He said the investigation is ongoing, and it’s still unknown whether alcohol or drugs were factors in the crash.
Pizza deliveryman Andrew Scott Walters was driving his Chevrolet Cruze up Van Buren Boulevard in Jurupa Valley an hour before midnight on April 20, 2019, when he struck 30-year-old bicyclist Rigoberto Guzman Jr., pulled Guzman’s bicycle from beneath his car and drove away.
Another vehicle possibly then hit Guzman, who died, according to details in a court document.
What followed next, the Riverside County District Attorney’s Office said in asking a judge to impose prison time, was an audacious attempt to avoid culpability and a “tornado of lies” by Walters, 29.
Deputy Public Defender Melissa McConaghay countered that Guzman was “wandering in the middle of the road with his bicycle late at night” and was under the influence of alcohol. Before driving away, McConaghay said, Walters called 911 to report seeing an injured man in the road.
What’s more, McConaghay said in arguing against prison time, Walters is the caretaker for his blind, amputee father.
Ultimately, Walters pleaded guilty to the court — a deal not involving the DA’s Office — to hit and run causing injury or death and faced up to two years in custody. And on Monday, April 25, Superior Court Judge Thomas Kelly gave Walters a choice: 364 days, either in jail, work-release or home confinement.
“In the totality of the circumstances, the court rightfully found that my client was not suitable for state prison,” McConaghay wrote in an email. “In regards to how he will serve his custody time, it will be the option that allows him to continue to keep his part-time job and to take care of his father.”
The DA’s Office had no comment on the sentence, spokesman John Hall said.
Deputy District Attorney Melanie A. Deutsch laid out prosecutors’ case for incarceration in a sentencing brief.
After the collision, Walters called 911 and said he was driving when he saw a person who “looks like he got hit by a car” but failed to note that he had hit Guzman. Walters continued back to Pizza Hut, where he told his manager that a drunk homeless man “out of nowhere” had thrown a bicycle at his car, causing damage. Walters then went home.
Walters and his father, Russell Hadley, then drove to 58th and Hudson streets, where they watched deputies investigate the collision.
“Defendant and Mr. Hadley again spoke about the collision and ‘thought about calling’ law enforcement but decided to wait,” Deutsch wrote. Hadley phoned investigators the next morning.
But Walters still had trouble coming clean, Deutsch wrote. He told the state Department of Motor Vehicles that after removing the bicycle, he heard another car hit Guzman and drove after that car but couldn’t catch it. He went to the pizzeria and “told his boss everything that happened.” And Walters told the Probation Department officer who was writing the pre-sentencing report — two years after the crash — that Walters heard that “there is a reward or anyone who turns in the truck driver who allegedly struck the victim.”
There was no reward, Deutsch wrote.
“Rather than doing what is expected of drivers, namely to stay and identify oneself as involved in a collision, he disregarded the law and the dying victim and began his tornado of lies which has yet to cease,” Deutsch wrote.
Q: I got a speeding ticket. The officer said I was going too fast above the speed limit. I think he’s wrong. How can I fight this?
G.R., Tarzana
Ron Sokol
A: Research shows two basic Vehicle Code sections in California with regard to a speeding violation: V.C. 22349 prohibits driving on a highway above 65 mph (this is the speed that applies unless the posted limit is different, such as 55 or 70 mph). The next statute, V.C. 22350, sets forth that no one shall drive a vehicle on a highway at a speed greater than is reasonable or prudent under the existing conditions, including weather, traffic flow and visibility. Thus, an initial question arises: Which vehicle code section are you accused of violating?
There are a number of other issues that come to mind: Are there any witnesses to support your position? Also, what type of testing did the officer employ? Radar? Laser? Was he pacing you? Was it simply a visual estimate? Note that different strategies arise depending upon what type of evidence the officer relies upon.
In addition, what does the citation say? Is it accurate and complete, such as with regard to weather and traffic flow, or does it have any misinformation or defect?
Bottom line, to fight a speeding ticket you plead not guilty. You can do so in person on the date scheduled for your initial appearance, or you may be able to call the court before and request a court trial or a trial by written declaration. You likely will have to pay the bail up front (should you win, you then get it back in time). As with any court trial, you want to be able to credibly refute the accusations against you.
I encourage you to consult with a qualified expert on how best to proceed. The ticket can be expensive and may adversely affect your driving record, as well as your insurance premium.
Q: If I am going with the flow of traffic and it turns out to be above the speed limit, can I still be ticketed?
R.M., Manhattan Beach
A: The maximum speed limit law provides that you cannot exceed the posted speed limit. This is true even if you go with the traffic flow, or should you be passing someone, because the law’s intent is to avoid putting others at risk of potential harm by people driving faster than permitted.
Online resource
Go to this link, part of the court’s self-help website and click “traffic violators”: lacourt.org/selfhelp/selfhelp.aspx. You will find a variety of important topics.
Ron Sokol has been a practicing attorney for over 35 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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Two people died and two others were injured in a wrong-way crash on the 60 Freeway between Beaumont and Moreno Valley before dawn Saturday.
The crash was reported at 3:37 a.m. near Jack Rabbit Trail in the Badlands area, according to the Cal Fire/Riverside County Fire Department.
The California Highway Patrol said a 28-year-old Hemet woman in a Hyundai Sonata was driving eastbound in the freeway’s westbound lanes at about 90 mph when her vehicle slammed into a Chevrolet Malibu with two occupants, according to the CHP.
She died at the scene and was identified as Eva Lopez Gonzalez, according to the Riverside County coroner’s office.
The Malibu was on its way from Palm Springs to Pico Rivera and was driven by a 49-year-old Pasadena man. He also died at the scene, the CHP said.
He was identified as Thomas Antral, the coroner’s office said.
The Malibu’s passenger, a 40-year-old Pico Rivera man, was taken to a hospital with serious injuries.
A fourth person suffered minor injuries but declined medical care, fire officials said.
It was unclear why Gonzalez was speeding in the wrong direction, and authorities said the crash was under investigation.
Just prior to the collision, the 60 Freeway had reopened after being closed for construction work. Westbound lanes were shut down again while emergency crews responded to the crash, but all lanes reopened by 7:30 a.m.
USC film students who were shooting a movie in the Imperial County desert apparently did not follow all of the school’s rules for safety and other considerations — including the use of an ATV — before a crash on a sand dune that killed a Chapman University student, USC officials said Thursday, April 21.
Chapman third-year graduate student Peng “Aaron” Wang, 29, from China, had volunteered to be the cinematographer for a production in the Imperial Sand Dune Recreation Area. He and three USC students were in a Maverick off-road vehicle on April 15 when it slowly slid down the side of a sand dune, overturning, said California Highway Patrol Officer Arturo Platero, a spokesman in the El Centro office.
Wang was not wearing a seat belt and was killed. The other three occupants were restrained and survived, Platero said.
Instructors at USC’s School of Cinematic Arts were apparently unaware of at least some aspects of the production. USC spokesman Jeremy Pepper said in a statement that officials were still investigating.
“Under our policies, any shoot taking place more than 50 miles away from our campus, or involving the use of all-terrain vehicles, would have required very specific approvals from the school. We are unaware of any such approvals having been requested or provided in this tragic matter,” the USC statement said.
It was unclear whether instructors had signed off on other parts of the production. Pepper declined to address that question or describe the process for approving shoots. Joe Wallenstein, the director of physical production, could not be reached for comment Thursday.
It’s also unclear whether the driver, who Platero identified as Bingliang Li, 25, had experience driving vehicles under similar circumstances. The vehicle was rented from Orchard City RV in Brawley, Platero said. No one at Orchard City could be reached for comment Thursday.
Li was sober when he was driving, said Platero, who added that the investigation was continuing.
The state Vehicle Code does not cover incidents in the area of the crash, Platero said, because it happened on federal Bureau of Land Management property. A BLM spokesperson on Thursday was looking into what charges could theoretically be filed if Li were found to be at fault.
USC’s film school’s 2008-09 edition of “Safety Rules for Student Productions,” the most recent that could be located, spans 62 pages. It covers firearms, use of fire, work hours, animal safety and vehicles, among other topics.
On the second page, the document states in boldface, capital letters, “Remember – under no circumstances is it permissible to film or tape scenes which put yourself, your cast, your crew or the public in harm’s way. No shot is ever worth an injury to death. Safety first.”
The document says that no student may film outside the “L.A. zone” without the presence of a police officer and when driving, it says in capital letters, “seat belts will be used at all times.”
An image from the USC film school’s safety rules shows a warning to students about using caution while shooting movies. (USC)
USC, in its statement, declined to discuss any possible discipline for the students.
The safety document says that students who violate rules will have to appear before a disciplinary committee of “peers and faculty members” and the University Judicial Affairs Committee. Punishments could include a student having a grade lowered, receiving a failing grade and having their film confiscated.
Attorney Felix T. Woo represents Li, and attorney Jason Liang represents another USC student on the shoot, Ting Su. In a joint statement Thursday, they said, “Our respective clients are deeply saddened by this tragic accident and are cooperating fully with the investigation by authorities, including the California Highway Patrol. Our thoughts and sympathies are with the family members of Mr. Peng Wang’s family during this difficult time, the Chapman community, and all of those who are affected.”
Woo declined to make either student client available for an interview. The identity of the third USC student on the shoot was not available Thursday.
MURRIETA — A 30-year-old man was killed when his motorcycle overturned on a center divider near Murrieta, authorities said.
Andrew Robles of Murrieta was fatally injured at about 6 p.m. Tuesday on Murrieta Hot Springs Road, just east of Town View Avenue, along the boundary between Murrieta and French Valley, according to the California Highway Patrol.
Officer Mike Lassig said Robles was riding his 2014 Kawasaki Ninja eastbound on Murrieta Hot Springs and “made an unsafe turning movement,” causing the motorcycle to hit the curb separating traffic going in opposite directions.
“The motorcyclist lost control, causing the Kawasaki to overturn and eject him onto the dirt portion of the center divider,” Lassig said.
Cal Fire/Riverside County Fire Department crews arrived minutes later and pronounced the victim dead at the scene.
Several lanes on Murrieta Hot Springs were shut down for about 90 minutes while a preliminary investigation was conducted and the wreckage was removed.
It was unknown whether alcohol or drugs were factors in the crash.
Anyone with information about the accident was asked to contact the CHP Temecula office at 951-506-2000.
The method used by the California Department of Motor Vehicles to suspend the drivers’ licenses of some motorists arrested for driving under the influence is unconstitutional, an appellate court has ruled.
Typically, the DMV conducts suspension hearings for some DUI defendants in which the “judge” also acts as the department’s “prosecutor.” Only rarely do the drivers win.
A three-member panel of the Second District Court of Appeal ruled Friday that the dual role of the hearing officer/advocate creates an unacceptable risk of bias — a decision that could affect tens of thousands of hearings a year. According to the DMV, 123,548 people were arrested for driving under the influence in 2017 and 4,944 arrested for felony drunken driving statewide.
“Combining the roles of advocate and adjudicator in a single person employed by the DMV violates due process under the Fourteenth Amendment and the California constitution,” justices wrote. “The hearing is adversarial, and the hearing officer’s role involves both advocating on behalf of the DMV and acting as fact finder.”
DMV spokesman Chris Orrock said the department is reviewing the appellate ruling and would not comment further.
Anyone arrested for driving with a blood alcohol content of 0.08% or beyond automatically loses his or her driver’s license to the DMV for one year — but they have 10 days to request an administrative hearing. This is outside any criminal proceedings.
The hearing is conducted before an officer, who also presents the DMV’s case for suspension, acting as a prosecutor of sorts.
The potential for bias spurred the California DUI Lawyers Association to file a lawsuit in 2014.
“For years we have been arguing that it’s not fair,” said Donald Bartell, a director with the association and DUI lawyer from Riverside. “They get to present their case and then decide if it’s credible. … You can’t wear two hats.”
Bartell noted that the hearing officers don’t necessarily have the last word. Their decisions can be changed by management.
“People lose their jobs — truck drivers, airline pilots, police officers. These are high stakes cases for lots of people,” he said. “I’ve been doing DUI defense for over 30 years, this is probably the biggest case in the field.”
Bartell said the DMV has postponed all hearings this week, beginning Wednesday, in light of the appellate ruling.
The DMV could take the appellate decision to the state Supreme Court.
Meanwhile, the DMV is on the hook for $2 million in legal fees to the opposing side, appellate justices ruled.
Excess speed and worn tires contributed to the crash of a bus on a rain-slick Southern California highway two years ago that killed three people and injured 18, according to a report released Tuesday by the National Transportation Safety Board.
The bus was on a run from Los Angeles to San Diego County when it went off Interstate 15 on a slight curve and rolled down an embankment on Feb. 22, 2020. Passengers from Pasadena, Riverside and Mexico were killed in the crash south of Fallbrook in San Diego County.
Investigators determined the tread depths on two of the inside rear tires were lower than the minimum allowed by law, which “adversely affected the stability of the bus and contributed to the loss of control,” the NTSB found.
The bus operated by Executive Lines Inc. was traveling at about 75 mph (120 kph), which investigators said was too fast for the wet roadway.
“Piecing together data downloaded from the bus, tire marks on the road and interviews with the driver, investigators concluded that the driver took two critical actions – sustained braking and steering inputs inconsistent with what would be needed to keep the bus on the road – that contributed to the loss of control,” the NTSB said in a statement.
A phone message seeking comment from Executive Lines in the Los Angeles suburb of El Monte was not immediately returned.
Murrieta Mesa High students and staff are mourning a student who died in a crash on Sunday, April 17.
Sharmaine Legaspi, 17, died when she lost control of the sedan she was driving and struck a light pole on Murrieta Hot Springs Road at about 10:50 p.m., the Murrieta Police Department said. A 19-year-old passenger was injured and was expected to recover.
“Words cannot express how heavy we are feeling as a school community,” Murrieta Mesa principal Scott Richards Jr. wrote in a message to parents and students.
Richards encouraged people to reach out to friends who were struggling with the news or to seek help from counselors if they were grieving themselves.
“As a school community, we must continue to embrace one another with compassion, empathy and understanding,” Richards said.
Posts on Legaspi’s Facebook page show her participating in beauty pageants and remarking on the thrills and confidence she received from wearing designer outfits. She had been a contestant in the Miss Philippines USA pageant, the organization said in a Facebook post.
“You are well-loved by so many, you will be missed,” the post said.
In March, Legaspi posted about her work at Chuck E. Cheese in Escondido.
“I am so grateful for all the people in my CEC career who I’ve met. They’ve inspired me to keep pushing myself and to take the time to smile every day and show kindness to every person no matter how hard the day is,” she wrote.
