La Cañada Resident Convicted on Second Degree Murder Charges

After two trials and almost three years La Cañada resident Timothy Whelan, 38, was convicted July 12 in San Fernando Superior Court on charges stemming from a fiery, fatal car wreck that took three lives on November 5, 2003.

In the early morning hours of that fateful day, Juan Tellez, 24, driving his 1988 Honda Accord, was traveling back from his mother’s home with his 7-year-old daughter and 5-year-old son. They were heading westbound on the Ronald Reagan (118) Freeway. California Highway Patrol Investigator Charles Jensen was in charge of the re-enactment and investigation of the crash.

“A little after 2 a.m., Whelan, driving a 2003 black Corvette, was westbound on 118 near Louise Avenue exit,” said Jensen. “[Whelan] rear ended the Honda. Both vehicles continued skidding way over 400 feet. The Honda went forward and hit the center divider wall then bounced back to the right, rested in the number four lane, the burst into flames.”

Tellez and his children were killed in the deadly fire.

According to Jensen, Whelan’s car had an event data recorder that recorded the vehicle’s speed five seconds before the accident at 156 miles per hour. Whelan was traveling with a passenger, Michael Whitaker, then 34.

“Whelan’s blood alcohol was .26,” said Deputy District Attorney Greg Denton. Driving with an alcohol blood measurement above .08 in illegal.

“They were both, Whelan and his passenger, combative with rescue personnel,” Jensen said.

Whelan and Whitaker received minor injuries and abrasions from the crash, Denton said.

At the time of the accident Whelan was out on bail for a separate charge of being in illegal possession of a fire arm and shooting into an uninhabited business in Reseda. He was later convicted of that charge. Whelan had served time in state prison in 1991 and 1995 on two drug related charges.

For his role in the 2003 accident, Whitaker was convicted on a charge of resisting an executive officer. On July 1, 2004 he was sentenced to one year in Los Angeles County jail and three years probation, Denton said.

In Whelan’s first trial the jury was unable to come to a decision. It was a hung jury at 11 to one.

“It was a very long case. The first trial was very difficult,” Jensen said. “There was one juror that was predisposed [to vote to convict].”

The second trial ended July 12 with a guilty verdict. Whelan was convicted on three counts of second degree murder, one count of driving under the influence causing bodily injury and driving under the influence above 0.8 percent and causing bodily injury carries a 15-to-life sentence, Denton said.

This case has become personal to both Denton and Jensen.

“Obviously the speed of the vehicle is almost unheard of and that he had been drinking heavily [resonates],” Denton said. “And the fact that the victims burned to death.”

“The mother has been at the trial almost every day,” Jensen said. “She takes the bus from Los Angeles.” He added that the first trial was difficult for her but to go through a second one must be worse. “I know it has been hard.”

Whelan will be sentenced on Sept. 15. The Tellez family will be given an opportunity at that time to face Whelan, Denton said.