Drunk Driver That Murdered Angels Pitcher, Two Others Gets 51 Years to Life – PC 187 (A)
On December 22, 2010, Andrew Gallo, the drunk driver who killed Angels pitcher Nick Adenhart and two others in an April 2009 auto accident, was sentenced to 51 years to life for three counts of second degree murder.
Gallo’s blood alcohol content was at least .19 percent, almost three times the legal limit. Gallo was on probation for a previous DUI at the time of the accident.
Gallo’s attorney plans to file an appeal.
Under PC 187(a), a person is guilty of second degree murder if he or she commits an unlawful killing of another human being with malice aforethought. Malice aforethought is a legal term meaning describing the mental state necessary to be convicted of murder. In Gallo’s case, malice aforethought meant that the death resulted from acting with a reckless disregard for human life by driving while under the influence of alcohol.
A person convicted of PC 187(a) will be sentenced to 15 years to life in prison. The additional sentencing enhancement was likely due to special allegations regarding the circumstances of the offense or because of Gallo’s prior DUI conviction.
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If you have been charged with murder in the context of DUI, the first thing you should do is contact an Orange County criminal defense attorney. You are facing very serious charges, and you will need an experienced criminal defense attorney to look over the facts and the law as soon as possible so you can start planning your defense. If you are not in custody, a warrant for your arrest has probably been issued.
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