Just hours after pitching his first MLB start, L.A. Angels pitcher Nick Adenhart and two of his friends were killed in a
violent car crash. Justice came down on that drunk driver in court this week as Andrew Thomas Gallo, 23 was found guilty of three counts of second-degree murder in those April 2009 deaths.
In addition to those convictions, Gallo was also convicted of two felony counts of DUI causing great bodily injury and one felony count of hit-and-run since he fled the scene right after the collision.
The night of this tragic incident, Gallo, who was with his step-brother, sped his minivan through a red light killing Adenhart, Courtney Frances Stewart, who was the driver of the car, and Henry Nigel Pearson.
The prosecution’s decision to charge Gallo with second degree murder rather than mere vehicular homicide was considered risky because if the jury did not decide he was guilty beyond a reasonable doubt, there was no lesser charge that they were instructed to utilize instead.
Gallo, who was driving while his blood level was about three times the legal limit, has a DUI history–he plead guilty to a DUI charge in 2006. The punishment and instruction passed down at that time formed the basis for the prosecution’s counter argument that Gallo knew the consequences.
Gallo’s defense counsel argued during the weeks-long trial that without intent to drive that night, her client was not guilty of murder. The prosecution successfully argued that Gallo’s previous conviction of DUI, was warning enough for him to know what he was doing.
Defense counsel also attempted to cast doubt on whether Gallo was behind the wheel of the car. According to leaked grand jury testimony, step-brother Raymond Rivera admitted handing the keys to Gallo after the two went on a drinking binge that lasted about seven hours.
Rivera also testified that he had fallen asleep in the passenger seat and at the time of the crash was jolted awake in time to hear Gallo tell him, “Run, bitch” then Gallo ran from the scene.
The judge presiding this case can sentence Gallo to up to 55 years in prison for these multiple convictions.
Used with permission of the author.
Paula Duffy is a national sports columnist for Examiner.com and the Huffington Post and regularly comments on sports/legal matters for radio affiliates of ESPN and Fox Sports. She founded the sports information site, Incidental Contact, is the author of a line of audio books designed for sports novices and in her spare time practices law in Los Angeles.
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