Fatal Crash Leaves 3 Haunted Families in Wake : Driver, Accused of Drinking, Faces Murder Trial in Two Deaths

The road ahead seemed full of hope and promise for Michael Wolf and Daniel McAllister. Both were breaking free of a desolate life of drug and alcohol abuse, pointing toward a brighter future.

On the evening of Feb. 7, the pair had just completed an uplifting Alcoholics Anonymous meeting and driven to Cardiff’s oceanfront string of eateries know as restaurant row to meet Wolf’s girlfriend. But as they strolled along the shoulder of Old Highway 101, waiting for the woman to finish her work shift, all the dreams were shattered.

A speeding black Camaro Z-28, its lights out, spun out of control and plowed into the two friends. Unforgiving sheet metal met frail human flesh. McAllister was killed instantly. Wolf was gathered up by paramedics only to die the next day.

Driver Arrested

Officers arrested the driver of the car, a husky 20-year-old named Rudy Martinez, on suspicion of felony drunk driving and put him behind bars when tests confirmed that his blood-alcohol level was well above the legal limit.

Martinez was later ordered to stand trial for second-degree murder. If convicted, he would be the first defendant in San Diego County to be found guilty of murder in a drunk-driving case.

More than anything, however, the terrible collision on that balmy night along restaurant row unleashed a profound tragedy for three families--and sparked a battle that goes beyond the personal loss.

For the parents of 19-year-old Daniel McAllister and Michael Wolf, 25, the events that took the lives of their sons seem an unacceptable detour from the workaday world. They go on now, day to day, trying to cope with the emotional trauma of a sudden and improbable loss.

Sorrow on Two Accounts

Meanwhile, the family of Martinez grapples with sorrow for the victims as well as the grief that boils up when they consider the looming possibility that their Rudy could soon be found guilty of murder and shuttled off to state prison.

The drama also has drawn attention from other corners.

The Mothers Against Drunk Driving organization is closely monitoring the legal proceedings, pointing to it as a potentially precedent-setting case for San Diego County that would uphold their organization’s belief that drunk drivers who kill should be held accountable for murder.

“It’s a significant case for San Diego County,” said Diane Fradin, a court monitor for MADD who is keeping tabs on the Martinez case. “This is a crime we have always referred to as murder. But it’s taken the system a while to catch up, to recognize that drunk driving accidents can result in a random killing, like a sniper’s bullet.”

Spectre of Racial Motivation

Meanwhile, the American Civil Liberties Union and the Chicano Federation of San Diego have been contacted by Martinez’ parents, who fear authorities are seeking to make an example of their son and may be racially motivated in their zeal to pursue the case. The case is still under review by the organizations.

“I think the frenzy perpetrated by these MADD mothers has resulted in the second-degree charges,” said John Jimenez, a deputy public defender handling the case for Martinez. “The district attorney has been put in a

position where they have to pursue certain charges because of the pressure being put on.”

Prosecutors say such claims are absurd, stressing that they are pushing two second-degree murder charges--each carrying a maximum penality of 15 years to life in prison--plus six other vehicular manslaughter and drunk-driving counts against Martinez because the case warrants it.

“The D.A.’s position has been the same all along regarding drunk driving. We’ve always tried to prosecute to the full extent of the law,” Deputy Dist. Atty. Linda Forrest said. “Mr. Jimenez’ statements are ridiculous in light of the fact we have two dead innocent bystanders. He should be ashamed of himself for taking such cheap shots.”

During a pretrial hearing before Vista Municipal Judge William Draper Jr., Forrest portrayed Martinez as someone who realized that he was endangering other lives by driving drunk, but didn’t bother to get off the road.

Prosecution Witness

David Carroll, 32, testified during the three-day hearing earlier this month that Martinez ran a stop sign in Encinitas and almost hit his car. Carroll shook a fist at Martinez, then followed the young man down Old Highway 101, watching as he ran another stop sign.

At that point, Carroll said, he tried to catch Martinez to “make him aware of how he was driving.” The pair stopped at a traffic light a quarter-mile north of restaurant row, where Carroll testified that Martinez revved his engine. Carroll said he could not recall if he revved the engine of his own souped-up Chevy. When the light changed, they both accelerated.

Carroll said it was his impression the two cars were in a drag race, but he slowed up as they approached heavily congested restaurant row. Martinez, however, did not.

Lost Control of Car

Bearing down at close to 80 m.p.h. on two slower-moving cars, Martinez swung his high-performance machine into a left-turn lane to pass, according to witnesses. As he swerved back onto the highway, Martinez lost control of the car.

It clipped one of the other vehicles and pirouetted toward the deadly finale, hitting several parked cars along the road before finally coming to a stop back on the roadway.

Investigators found an empty pint of bourbon whiskey in Martinez’ car, along with an unopened bottle of beer. Blood tests more than an hour after the accident indicated Martinez had an alcohol level of .14 in his blood. A forensic toxicologist estimated the young man’s blood-alcohol level was .17 at about the time of the accident. Either is well above the .10 legal level for intoxication.

After listening to the testimony, Judge Draper concluded that Martinez could not have avoided realizing that, after running two stop signs and nearly getting into an accident, his driving was below par. Because he did not get off the road, the judge ruled, Martinez had exhibited a conscious disregard for human life, the legal threshold for raising the incident from a case of manslaughter to one involving murder.

Jimenez expressed dismay over the judge’s ruling, saying that there was no evidence to indicate that a second-degree murder charge should have been upheld. The attorney said he plans to file motions to dismiss the murder charges when Martinez is arraigned in Vista Superior Court Wednesday.

Cites Many Assumptions

“Judge Draper assumed Rudy saw those stop signs, if indeed he ran them,” Jimenez said. “The judge assumed Rudy knew he was racing. He assumed Rudy knew restaurant row was a busy area and he needed to slow down. There’s no proof of any of that.”

Indeed, Jimenez has pointed to Carroll, who was granted immunity against prosecution for several misdemeanor violations he may have committed during the incident in exchange for his testimony, as being just as much to blame for the accident. Carroll could not be reached for comment.

“He started the race, if indeed there was a race,” Jimenez said. “He, in effect, slingshotted Rudy into the situation that resulted in this tragedy.”

Moreover, Jimenez suggested, it is possible that Martinez may actually have been running from Carroll rather than racing him, trying to “get away from someone pursing him who had violence on his mind.”

Martinez was not the kind of guy destined to meet such an end, according to his family.

A quiet, shy youth who had few friends, Martinez worked as an attendant at a Carlsbad gas station, saving his money and helping contribute from his weekly paycheck to the family’s dream of purchasing a house in their native New Mexico, according to his father, Jose.

The elder Martinez said that on the night of the accident his son was celebrating the family’s impending move to New Mexico, which was postponed because of the accident.

“He did not drink, period,” said the father, who spent two decades in the Marine Corps as a sergeant and currently works at the same gas station that employed Rudy. “My son, he is the type of person who doesn’t belong in jail. Maybe he was negligent in a way, but it could have been just about anyone who did that.”

The youngest of five children, Rudy lived with his parents in their cramped two-bedroom Oceanside apartment. He was a high school dropout but he had never been arrested before, his father said. He spent most of his time working or playing with his nephews and nieces, according to family members.

During recent court hearings, Martinez has hung his head throughout the proceedings. Eager to buck up his spirits, his family plans to begin wearing little cardboard badges with the young man’s picture and the words: “We Love You Rudy.”

“He’s ashamed of facing this, of facing a judge,” the father said. “In court, he looks at us and seems to be saying ‘What am I doing here?’ He knows that we’re hurt.”

Sought God’s Forgiveness

Indeed, the family has suffered. Devout Catholics, the parents have sought the forgiveness of God for the trouble that has been caused.

In the weeks since the accident, Martinez’ mother, Nila, has made a weekly pilgrimage to a local Catholic church. She drops to her knees at the front door and crawls to the altar, where she prays for her son.

Jose Martinez also grapples with his feelings with prayer and hope. His dream now is to travel someday with his son to a Catholic church in northern New Mexico. Local legend has it that Jesus Christ appeared there hundreds of years ago and that dirt inside the San Tuario Church has recuperative powers. Jose Matinez hopes to sift that soil along with his son.

“We’re planning many sacrifices for him,” the elder Martinez said.

The families of Daniel McAllister and Michael Wolf figure they have already sacrificed enough.

For the McAllisters, each day is another step in grappling with the loss of Danny. He was the oldest of three children, a young man who had his problems but had grown to overcome them in recent years.

“He was just blossoming,” said his father, Archie. “He was on top of the world. He was just becoming a man.”

Daniel had become addicted to drugs and alcohol during his teens. After the family returned three years ago from a stay in England, where Archie took part in an exchange program with the British Royal Navy, the young man fell in with the drug crowd at the high school near the McAllister’s Chula Vista home.

Smoking marijuana became a daily ritual. He would sleep during the day and stay up into the wee hours watching TV. Before long, his brother and sister began to notice a change. After some prodding, they convinced their parents that Danny had a problem.

But the family’s struggle with chemical dependency and alcoholism soon mushroomed. When Arch McAllister went to a therapist to discuss what to do about his son, the father was told that he, too, was an alcoholic. And later, Daniel’s mother, Chris, confronted the reality that she also had a drinking problem.

With their son, Archie and Chris McAllister began attending Alcoholics Anonymous meetings. Together, they overcame the disease--and the family became all the closer.

“We got sober together, if you will,” Archie recalls. “It was one of the great experiences of my life. We all grew a lot.”

Worked as a Counselor

Something of a recluse during the days of drugs, Daniel emerged from that shell as a thoughtful, insightful young man, according to family and friends. He began working as a counselor at the adolescent chemical dependency unit at Harbor View Medical Center in San Diego, where he was treated for several weeks in 1985 for his own dependency. In recent months, Daniel had worked as a clerk at a downtown law firm. His dream was to ultimately become a corporate attorney.

“He was in hog heaven,” the elder McAllister said. “Then a black car came along like the Angel of Death and killed him. No, murdered him.”

For the family of Michael Wolf, the bitterness that sometimes wells up is typically eclipsed by an abiding sense of loss. Michael, they say, was “a life hog,” a handsome, charismatic young man known by nearly everyone in the neighborhoods surrounding his La Jolla home.

“There’s certainly a lot of emotions,” said his mother, Elaine. “For myself, the most prevalent is the unbearable pain of not having him here anymore. My anger is directed more at the senselessness of things like this happening.”

Michael was the leader of the pack, the kind of kid who did everything first. “He was always the forerunner of things,” his mother recalled. “If it was skiing, he was the first kid who pointed his skis straight down the hill. If it was tennis, he was the kid who hit as hard as he could.”

And Michael was the first of his group of friends to get involved with drugs. Friends recall that he started smoking marijuana while still in junior high. By high school, he was hooked on heroin.

Still, Michael managed to get by. He acted in plays at La Jolla High, earning rave reviews that culminated in his being named most talented in his senior class. He struggled, however, in most classes, his mind held back by the effects of the chemicals he injected into his body, friends and family say.

Finally, when his dependency reached a point where it was life-threatening, Michael sought help. After a stay at Harbor View, he kicked his habit. He began work as a counselor at the hospital’s chemical dependency unit, where among others he met and worked with Daniel McAllister.

Friends say he had a boundless energy. When he bought a used BMW, Michael decided to learn everything about the machine. Soon he and a friend, Chris Mahoney, had established something of a cottage industry, buying used BMWs and renovating them.

Suffered Relapse in 1985

All the forward progress came to a halt, however, when he suffered a relapse during Christmas of 1985, friends say. For several months, Michael was on heroin again as well as other drugs and alcohol. Mahoney, who has known Michael since they were boys, realized it first.

“I noticed that his car had gotten dirty,” he said. “He loved that car so much he would always be washing it, but when he got back into drugs he let it go for weeks at a time.”

But Michael ultimately beat his dependency again. At the time of his death, he had been free of drugs and alcohol for nine months. He had a job with a friend of the family, helping to renovate an old World War II-era motorboat. He was thinking about going back to college. The future seemed limitless.

Then he and Daniel McAllister were caught in the wrong place at the wrong time.

Now, both families say they are trying to channel their anger “at the crime, not the criminal.”

“I have a hard time directing feelings toward Rudy Martinez,” said Elaine Wolf. “He’s just a person who messed up, who caused so much pain for my family, the McAllisters, his own family. We’re all left living with this because he had a moment of senselessness.”