The California Supreme Court refused to review a case against a former San Fernando Valley resident who wrote a suicide note before driving erratically through Topanga Canyon and on to Pacific Coast Highway where he struck and killed 13-year-old Emily Shane, according to City News Service.
Shane had been walking along PCH on April 3, 2010 when Sina Khankhanian swerved through lanes, and hit and killed the teenager. He was later convicted of second-degree murder in her death.
During a July 16 ruling, the three-justice panel from the state’s 2nd District Court of Appeal dismissed the defense’s argument that jurors were wrongly instructed in Khankhanian’s trial.
The 14-page ruling stated that “from the evidence that defendant was traveling at about 70 miles per hour when he made a deliberate sharp right turn, causing his car to drive up the embankment where Emily was walking, it is reasonable to infer that defendant intended to hit Emily as he proceeded towards the pole.”
The panel also found that Khankhanian’s statements at the scene of the crime “all tend to show defendant intended to run Emily over with his car, knowing to a substantial certainty that the force would cause her death.”
An additional ruling was added for Khankhanian to be re-sentenced on a weapon enhancement to the murder count. Previously, the enhancement for use of a vehicle ran at the same time as the murder count. Both justices and defense agreed the enhancement must either be enforced consecutively or stricken from Khankhanian’s charges.
No date has been set for re-sentencing.
Khankhanian had no criminal history prior to the events near Heathercliff Road on April 3. The first jury to hear the case failed to reach a verdict, prompting a mistrial in January 2012. A second jury found Khankhanian guilty in July 2012.