LOS ANGELES : Tow-Truck Driver’s Murder Conviction in Crash Upheld

A state appeals court has upheld the murder conviction of the driver of a “bandit” tow truck, who sped to the scene of a collision he had heard about on police radio and slammed into a car, killing a child.

There was evidence to support the jury’s conclusion that Heriberto Contreras showed a “conscious disregard for life” when he raced another trucker to a Los Angeles intersection, apparently aware that his brakes were bad, said the 2nd District Court of Appeal. The 3-0 ruling was issued late Tuesday.

The court said Contreras had numerous convictions for traffic violations and one previous accident, and was driving with a suspended license at the time of the fatal crash in February, 1991. He was sentenced to 15 years to life.

The case is one of a few in which a driver has been convicted of murder, rather than manslaughter, for an unintentional killing; the other cases have generally involved drunken drivers, who were found by a jury to be aware of the risk when they took the wheel.

Prosecutors declined comment. Contreras’ lawyer, Wesley Van Winkle, said he would appeal.

“The evidence was 100% clear that he had slammed on his brakes far ahead of the intersection, they had not held, and he tried to swerve,” Van Winkle said. “Very clearly he was doing his best to avoid the accident.”