Eight-six-year-old driver may face 10 criminal charges for manslaughter.
By David Wallace/Special to The Malibu Times
Twenty-two weeks after 10 people were killed and 63 injured when 86-year old George Russell Weller drove his 1992 Buick LeSabre through a crowded Santa Monica Farmer’s Market, city Police Chief James Butts announced the conclusion of the investigation into the tragedy on Wednesday.
“He was at best negligent in his operation of a motor vehicle,” Butts stated at a press conference, which took place prior to passing on to the district attorney a 917-page report about the accident from the CHP. Despite more than 100 collisions in the course of his tragic, 1,000-foot, 60-mph tear through the market on July 16, Weller, according to the report, made no attempt to use his brakes or take the car out of gear. “Based on these conclusions,” the Santa Monica police chief said, “we’re asking consideration of the district attorney’s office in seeking to file the charge of manslaughter (for each of the 10 deaths).”
Among those killed was Malibu resident Lynne Weaver, wife of director Rob Weaver and daughter-in-law of actor Dennis Weaver. Since the accident, Rob Weaver has refused to speak with any media, although he did comment to The Malibu Times this week that “the loss of my wife is incredibly painful.”
Mark Overland, Weller’s attorney, has confirmed that the now 87-year-old Santa Monica resident is currently on a 24-hour antibiotic IV to fight an infection. Overland previously told the press that it was a “tragic accident,” not a “criminal act” on the part of his client. “There was neither intent nor negligence … we’re hopeful that the DA 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.”
Nevertheless, relatives of at least two of the victims have filed lawsuits, not against Weller, but against the City of Santa Monica, claiming negligence on its part for providing wooden instead of concrete barricades to protect the market.
It was about 1:46 p.m. on that Wednesday when, according to the CHP reconstruction, Weller clipped the end of a Mercedes Benz at the corner of Arizona Avenue and 4th Street. Then, with his hands at the 10 o’clock and 2 o’clock position and sitting upright, he accelerated into the crowd shopping in the popular open-air venue. Despite the fact that Weller was taking prescription medicines that can cause dizziness and nausea, the police investigation claims that Weller was conscious throughout the collision sequence; they have also ruled out mechanical, road or weather problems. “Pedal misapplication provides the best explanation for the acceleration of (Weller’s) Buick,” Butts said.
Head Deputy District Attorney John Lynch said a conviction of voluntary manslaughter for causing death with a car requires an intent to kill and is punishable by three to 11 years; involuntary manslaughter with gross negligence carries a prison term of up to six years; with “simple negligence” the offender could be put in the county jail for one year.
The decision as to the final charge to be filed (or whether no charge at all will be filed) is now up to the district attorney. Lynch said the decision depends on interpretation of the facts, and it is expected to take a few weeks. He explained: “In this case where you have hundreds of people describing an incident, it’s going to take a while to evaluate where on the [manslaughter] spectrum this specifically falls.”
District Attorney Steve Cooley in a written statement added: “Now that we have the completed investigation … we will finish our review and make a filing decision that evaluates this day of horrific human carnage.”