Man Was Run Over 3 Times for a Thrill, Prosecutors Charge

A prosecutor told jurors Wednesday that Dallas Keith Carter ran over a victim with his car three times because he had “built himself up to a crescendo” of violent behavior the night that it happened and committed murder “for his own perverted pleasure.”

Carter, 19, of Costa Mesa could face a sentence of 25 years to life in prison if convicted in the May 15, 1988, death of motorcyclist Javier G. Sarabia, 23, of Garden Grove.

Prosecutors allege that Carter, then 18, and two other men robbed Sarabia and his brother, Alex, at gunpoint in Garden Grove. The victim reportedly got into a struggle with Carter, who knocked him to the ground.

Witnesses said they could hear shouts from the car of “Hit him again!” as Carter revved the motor and aimed his car at Sarabia, lying on the pavement.

After running over him once, the witnesses said, Carter made a U-turn and ran over Sarabia again. Two of the three witnesses said they saw him run over the victim at least a third time.

Two Passengers Both Pleaded Guilty

The two passengers in the car with Carter, Ernest J. Busto of Garden Grove, now 21, and Sergio Sanchez, 19, of Santa Ana, both pleaded guilty to lesser charges of assault with a deadly weapon and are awaiting sentencing.

Carter testified that he had been drinking so much that he was not clear on what happened, but that he may have thought he was running over a speed bump.

Deputy Dist. Atty. Jeoffrey L. Robinson told jurors in closing arguments Wednesday in Superior Court in Santa Ana that the speed-bump argument is an insult to their intelligence.

“If you believe that, let him walk; acquit him,” Robinson said.

The jurors began their deliberations late in the day and are scheduled to continue today.

Robinson said Carter and his friends had gotten drunk at a party and obtained possession of a gun, which gave them confidence to go on a crime spree.

They reportedly committed two robberies before spotting the Sarabia brothers on a motorcycle.

The brothers, with Alex driving, were heading east on West Street when Carter, driving in the opposite direction, made a U-turn and began following them. The Sarabias were forced off the road on Morgan Lane and confronted by Carter and the others, who robbed the brothers at gunpoint, prosecutors said.

Robinson pointed out that Carter had shot the pistol during one of the earlier robberies, “just to be a big guy . . . just wanting to get in the face of anyone.”

The evening was building to a crescendo, Robinson said, because Carter was getting “more and more turned on” by their violent acts.

Sarabia, Robinson said, “had the audacity to question what they were doing. But this guy wasn’t going to come on to Big Bad Dallas and get away with it.”

Deputy Public Defender Roger B. Alexander argued that Carter’s actions were the result of “confusion, alcohol and fear.”

He noted that Carter’s blood-alcohol content that night was 0.15%, well above the legal maximum for driving a car.

Carter “was drunk, he was scared and he started to panic,” Alexander told the jury.

He also argued that whatever Carter may have done, his actions did not amount to first-degree murder, which is the conviction that Robinson is seeking.

Robinson countered that alcohol may be a factor in someone’s actions but not an excuse.

“Alcohol cannot be used as a shield against justice,” Robinson said. “If it could, we’d have an awful lot of empty prisons.”

Carter’s actions amount to first-degree premeditated murder, he said, because “he deliberately aimed two tons of steel at the victim, revved the engine, and headed right for him.”

And not just once, Robinson noted.

The deputy district attorney admitted to jurors that he is worried about their reaction, because Carter is a small, soft-spoken man, with a polite demeanor from the witness stand.

“He’s not Charlie Manson,” Robinson said. “But he’s not some angelic guy out for peace and love and harmonious relationships in society, either. The guy you see here in court is not the guy who was out there on that night of incredible horror.”