April 9, 2009 was a difficult day in the lives of many as it was the day that 23-year-old Andrew Thomas Gallo drove under the influence killing Angel's pitcher, Nick Adenhart along with Courtney Stewart and Henry Pearson.
Gallo is charged with three counts of second-degree murder in addition to: drunken driving causing great bodily injury; driving with a .08 blood-alcohol level or higher and causing great bodily injury; hit-and-run; and driving on a suspended license. He is looking at 50 years to life in state prison if convicted on all counts.
During the disposition of his prior DUI, Gallo signed what's called a Watson Advisement. The 1981 California Supreme Court case, People v. Watson, created the crime of second-degree murder which stems from a DUI. Since this case, people convicted of a DUI acknowledge that if they kill someone while driving under the influence, then they may be charged with murder. Because of Gallo's acknowledgement of the Watson Advisement during his previous DUI conviction, he now faces murder charges.
Gallo's attorneys are currently seeking to have his trial moved to another county because of all the negative publicity his case has received from the beginning. The attorneys believe Gallo does not stand a chance to have a fair trial in Orange County. See Vehicle Code Sections 23152 (a), (b); 23153 (a), (b); Penal Code Sections 192.5, 187, 189.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
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