This week, an Orange County jury found 23-year-old Andrew Gallo guilty of second-degree murder in a DUI hit-and-run car accident that took three young lives. Angels pitcher Nick Adenhart, Courtney Stewart, a Calstate Fullerton student and Henry Pearson, a law student -- all in their 20s -- were suddenly taken away from their families in that horrific crash.
Is a Murder Charge Warranted in a DUI Case?
The Orange County DA's office charged Gallo with murder. Is it strange that the DA filed murder charges in a DUI collision? In my opinion, it is a fair outcome. Consider the circumstances of the incident. The night before the early morning accident, Gallo was drinking in three different bars. His drinking buddy was his stepbrother Raymond Rivera – the man supposed to have been his designated driver. Gallo was on a suspended license and had two prior DUI convictions. Clearly, he had addiction issues.
Gallo Knew What He Was Doing
Gallo knew it was wrong to drink and drive. He knew he was putting people's lives in danger. And yet, he did it anyway. After a night of drinking beer and doing shots, Gallo decided to get behind the wheel of his parents' minivan and drive away. His negligence led to Angels pitcher Adenhart's wrongful death. He had a choice to call a cab or call his girlfriend. He deliberately ignored those options. Then, he drove through a red light and T-boned a car driven by Stewart, killing the three young people in the vehicle. The only surviving victim of this DUI incident, Jon Wilhite, sustained critical injuries and is still recuperating. After all that, Gallo ran away from the scene of the crash because he knew he was in serious trouble. The important thing to note here is: He KNEW.
A Strong Message to All Drivers
Was this murder? Absolutely. Gallo's blood alcohol level was more than three times the legal limit of 0.08 percent. This tragedy should send out a strong message to all drivers -- especially young drivers -- that it is a murderous act to drink and drive. It is not much different than taking a loaded machine gun and waving it dangerously at a crowd of people. That might sound like an exaggeration, but it's not far from the truth. Three families lost three exceptional young people with unlimited potential because of what Gallo knowingly and deliberately did that night. A guilty verdict in the Nick Adenhart DUI hit and run case was well deserved.
DUI collisions are not "accidents." They are conscious choices people make. And that is exactly why a murder charge was appropriate in this DUI murder case. The outcome of this case is a resounding message every young person in America should hear and remember for the rest of their lives.
What is your opinion on this issue? Do you think repeat DUI offenders whose acts result in death should face murder charges?
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.


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