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Attorney Says Driver Tried to Avoid Crash

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The driver of a car that sped through a red light and collided with another vehicle, killing three people, was trying to avoid causing an accident at the time of the collision, his attorney argued Tuesday.

Jim Epstein said in his closing statements to a Van Nuys Superior Court jury that Gregory Masterson Michael ran the light after changing lanes to avoid hitting a car stopped at the intersection where the accident occurred.

Michael, 22, is on trial on three counts of felony vehicular manslaughter with gross negligence in connection with the Oct. 22 accident.

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Benjamin Rochel, 84, of Beverly Hills; his wife, Ashraf, 71, and their grandson, Jonathan Rochel, died in the accident at Victory Boulevard and White Oak Avenue in Reseda.

Epstein admitted that his client caused the accident, but said Michael could only be found guilty of misdemeanor vehicular manslaughter because the prosecution had failed to prove gross negligence as required for felony charges.

Deputy Dist. Atty. Phillip Rabichow disputed Epstein’s argument, saying that Michael had been driving in excess of 60 m.p.h. for several blocks before the accident.

If convicted of a misdemeanor, Michael could receive three years in County Jail, authorities said. If found guilty of a felony, he faces a maximum sentence of 18 years in prison.

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