Plea to Raise Bail in Hit-Run Deaths Rejected

A Municipal Court judge has turned down a prosecutor’s plea to increase bail tenfold for a man accused in the hit-and-run, drunken driving deaths of a Carlsbad man and his daughter who were hit from behind on their tandem bicycle.

William J. Meiss, 51, of San Marcos, pleaded not guilty at his arraignment in North County Municipal court Thursday and remains free on $10,000 bail after surrendering his driver’s license, his lawyer Rick Mills said Friday.

Family and friends of Jerry Flaming, 48, and Brandy Flaming, 17, packed the courtroom to watch the 15-minute hearing, along with a handful of representatives from the San Diego County chapter of Mothers Against Drunk Driving who have rallied around the family to help them through the court proceedings.

To Jane Flaming, Jerry Flaming’s wife, justice was not being served.

“I wasn’t shocked by the plea of not guilty, I expect that’s kind of normal procedure,” she said Friday. “I was shocked they didn’t set the bail higher, and I (don’t) mean that to be vindictive.”

Jerry and Brandy Flaming, who were both wearing helmets, were hit from behind as they rode on Carlsbad Boulevard north of Poinsettia Lane about 7 p.m. July 30. Brandy Flaming died at the scene, and Jerry Flaming died eight days later at Scripps Memorial Hospital in La Jolla from massive head injuries.

Police were able to make an arrest because a witness chased down the suspect and talked him into returning to the scene.

Meiss has been charged with two counts of felony vehicular manslaughter, two counts of felony drunken driving and one count of felony hit-and-run, said prosecutor M. Jonathan Oliphant, a deputy district attorney.

Meiss could not be reached for comment because his phone number was changed as of Aug. 1, said a spokeswoman at Pacific Bell.

Blood tests show that, more than two hours after the accident, Meiss’ blood-alcohol level was .13, whereas .08 is the legal limit for being under the influence, Oliphant said.

The blood test results and Meiss’ driving record, which shows three speeding tickets in the past two years, prompted Oliphant to push for a $100,000 bail.

“Ten thousand dollars is not commensurate with that degree of harm or loss,” Oliphant said. “You’re talking about public safety.”

Citing a predetermined bail schedule, $10,000 was the appropriate amount in this case of vehicular manslaughter, said Mills, the defense lawyer.

“That’s what everyone else gets,” Mills said. “Why should this guy get anything different?”

If the case goes to trial and Meiss is convicted of all the charges against him, he could be sentenced to a maximum of five years and eight months in jail but would serve less than three years before being eligible for parole, Oliphant said.

Findings of a police investigation of the incident show that the Flamings were riding about a foot and a half into the right lane and outside the designated bicycle lane when their tandem was struck.

A settlement conference has been scheduled for Sept. 14, and a preliminary hearing has been set for Sept. 28.