Charges Sought in Market Tragedy

George Russell Weller should be prosecuted for manslaughter for running down and killing 10 people when he sped through the Santa Monica Farmers’ Market in July, the city’s police chief said Wednesday.

“He was at best negligent in his operation of a motor vehicle,” Santa Monica Police Chief James Butts said, announcing the conclusion of a lengthy investigation into the tragedy.

Weller, 86, was driving at an unsafe speed when he plowed his Buick LeSabre through the street market on Arizona Avenue, Butts said. In addition to the 10 killed, 63 people were injured. Weller suffers from medical conditions and reduced mobility that may have contributed to the crash.

Despite traveling almost 1,000 feet before his car came to a rest, Weller did not attempt to take the car out of gear or use the brakes, Butts said.

“Based on these conclusions, we’re asking consideration of the district attorney’s office in seeking to file the charge of manslaughter,” he said, adding that he concluded that Weller should face 10 criminal counts for the 10 deaths.

The decision on what charges to file is now in the hands of Los Angeles County prosecutors, who received the case from detectives Wednesday.

Weller’s attorney, Mark Overland, said the defense has concluded that it was a “tragic accident,” and not a “criminal act.” “There was neither intent nor negligence” on Weller’s part, he said.

“We’re hopeful that the D.A. will review the report objectively, without any political motive,” Overland said. “And if he does, we’re confident that he will come to the conclusion that no crime was committed.”

Head Deputy Dist. Atty. John Lynch said prosecutors would probably make a decision on any charges within a few weeks. Lynch said that a conviction of voluntary manslaughter requires an intent to kill, but involuntary manslaughter requires either simple or gross negligence.

“It could fall anywhere on that spectrum, depending on the specific facts,” Lynch said. “In this case, where you have hundreds of people describing an incident, it’s going to take a while to evaluate where on the spectrum this specifically falls.”

Depending on the facts, an errant driver could be charged under the California Penal Code with voluntary manslaughter for causing a death with a car, punishable by three to 11 years. A driver also could be prosecuted for involuntary manslaughter with gross negligence, which could result in a prison term of up to six years, or without gross negligence, which could put the offender in county jail for up to a year.

Prosecutors went to the market in the first few hours after the crash and have been reviewing reports and interviewing witnesses since then.

“Now that we have the completed investigation from Santa Monica police and the accident reconstruction by the California Highway Patrol, we will finish our review and make a filing decision that evaluates this day of horrific human carnage,” Dist. Atty. Steve Cooley said in a written statement.

The tragedy began about 1:45 p.m. July 16, when Weller hit a Mercedes Benz on the corner of Arizona Avenue and 4th Street. That collision caused only minor damage, but he then accelerated into the market.

“Pedal misapplication provides the best explanation for the acceleration of the Buick upon impact with the Mercedes,” Butts said.

Weller then drove through the farmers market, with his hands at 10 and 2 on the steering wheel and sitting upright, police said. He struck and killed a man standing on crutches, throwing him 60 feet, and continued from 4th to 2nd streets at 60 mph, knocking over fruit and vegetable stands and creating havoc among shoppers, officials said.

“In that fateful 1,000 feet, over 100 separate collisions occurred,” Butts said. “Within that number, 63 persons were injured and 10 persons were killed.”

Police concluded that Weller was conscious the entire time. The car came to a stop only because of rolling friction and a body trapped beneath. The crash killed an infant and his grandmother and a homeless man, among others.

California Highway Patrol investigators and police detectives have ruled out mechanical problems and road and weather conditions. Weller was taking prescription medication that can cause nausea and dizziness, according to a preliminary CHP report.

The CHP completed its review and submitted a 917-page report to the Santa Monica Police Department this week. “Whether or not he should have been driving, he should have been aware of his own capacity to drive,” Butts said. “That would go to negligence.”

Civil cases are lining up and several victims have already filed claims, with lawsuits expected to follow.

Even if Weller is charged with a crime, it will not bring relief for Bertha Lattier, whose son Leroy, 55, was the first person killed as Weller began his plunge through the outdoor market.

“There won’t be no closure with me,” Lattier said. “God knows I prefer having my child. But that man has to live with himself. He’s got to meet his maker someday. If he’s got children, I’m quite sure he would not want anybody to do what he did to my child.”

Lattier, who was reached at her Shreveport, La., home, said she is sure that not a day passes that Weller doesn’t “think about what he has done to our lives.”

Dewey Gong, whose 33-year-old sister, Diana McCarthy, was killed, said Wednesday, “It’s a good step toward the direction of having justice.

“She was my one and only sister,” said Gong, who spoke from his home in Norwalk, Conn. “I also lost my brother-in-law, Kevin McCarthy, and my dad, Benny, was injured. This thing was pretty devastating for us. Pretty horrible.”

Gong said his sister’s death has become even more difficult during the holiday season.

“I can’t just pick up the phone and call my sister to ask how she’s doing. She was a big sister to me.... She sacrificed a lot of her time to take care of me.”

Those who died are Molok Ghoulian, 62, and Brendon Esfahani, 7 months, both of West Los Angeles; Gloria Gonzalez, 35, of Venice; Movsha Hoffman, 73, of Santa Monica; Leroy Lattier, 55, of Louisiana; Diana McCarthy, 41, and Kevin McCarthy, 50, of Venice; Lynne Ann Weaver, 47, of Woodland Hills; Cindy Palacios Valladares, 3, of Koreatown, and Theresa Breglia, 50, from Bronx, N.Y.