CASE BUILDS AGAINST DRIVER IN 2 HIGHWAY 138 CRASHES.

Byline: Karen Maeshiro Staff Writer

LANCASTER - After 63-year-old Paul Finner caused a three-vehicle crash on Highway 138 in August, killing a motorist, authorities filed a misdemeanor vehicular manslaughter charge against him.

Then prosecutors discovered the Palmdale man had been blamed for a four-vehicle collision on the same stretch of highway less than two months earlier.

In addition, blood tests done after the August crash indicated the presence of Valium, an opiate, and cocaine metabolite, which indicates he had used cocaine sometime within the preceding 24 hours.

Now Finner faces a second-degree murder charge and up to 23 years to life in prison if convicted.

``Every time we picked up more information, the case got more serious,'' Deputy District Attorney Kelly Cromer said.

Finner was charged with murder because of the June 18, 1999 crash under ``identical circumstances,'' Cromer said.

He had been straddling the center line, driving on the shoulder and pulled out in front of someone, causing the collision, Cromer said. There were no injuries.

``After we find out about the June 1999 incident, and talked to the officer, we determined that there was evidence of a second-degree murder, when a person drives a vehicle with the knowledge of a high probability of danger to others,'' Cromer said.

Killed in the August 12, 1999 collision was 61-year-old Donald Coats of Apple Valley. Six people in the third vehicle, a pickup truck with a camper shell, received minor injuries, Cromer said.

Finner was flown by helicopter to Los Angeles County/USC Medical Center with internal injuries and underwent surgery to stop bleeding.

Finner lost control of his 1993 Buick LeSabre approaching the sweeping curve where Highway 138 joins Highway 18 near Llano, ran up onto the raised concrete median, swerved back into his lane, then crossed into the eastbound lane and hit Coats' Nissan Sentra.

``(Finner) was observed crossing the center line a couple of times and driving in the wrong lane of traffic,'' Cromer said. ``He was also seen driving over onto the shoulder about eight times, weaving within his lane, and speeding up and slowing down.''

Another driver who was driving behind Finner flashed his lights and honked his horn to get Finner to pull over but got no response, Cromer said.

After that driver passed Finner, ``he looks in his rearview mirror and sees the defendant's vehicle has gone partially into the dirt shoulder, and cross over the raised center divider and into Mr. Coats' vehicle head-on,'' Cromer said.

Finner's car went airborne and landed on the truck, Cromer said.

Finner has pleaded not guilty to the murder charge, vehicular homicide with gross negligence, driving under the influence with injury, vehicular manslaughter without intoxication, reckless driving with bodily injury, and two misdemeanor charges relating to the June 1999 incident of reckless driving and not driving on the right side of the road.

Finner's attorney, Deputy Public Defender Kenneth Jones, filed a motion to dismiss the charges based on the insufficiency of evidence presented at the preliminary hearing.

Judge Frank Jackson on Friday denied the motion as to all the charges except the murder charge. He took that portion under submission and is expected to issue a ruling in two weeks, Cromer said.

Cromer said Jones argued that the August 1999 crash was an accident. Jones did not return telephone calls for comment.

The case was upgraded from a misdemeanor vehicular manslaughter to a felony after the prosecutor on the case at that time talked with witnesses. On the day of the preliminary hearing in February, prosecutors learned Finner had been involved in the prior incident.

Cromer said test results show Finner tested positive for cocaine metabolite after the August crash. Tests also showed findings of ``preliminary positive'' for Valium and an opiate, Cromer said. Not enough blood was taken to get a ``final positive'' reading on the two substances, Cromer said.

No testing was done on Finner in the June 1999 incident. A California Highway Patrol officer at the crash scene noted Finner was ``acting strangely'' but detected no odor of alcohol, Cromer said.

The officer asked for a drug recognition expert to come to the scene to examine Finner's pupils, but before they could do anything, someone came and drove Finner away, Cromer said.

Cromer said Finner had pleaded guilty to felony possession of cocaine and was referred to a drug diversion program in July 1998. He was found in violation of the diversion and was sentenced to five years probation and 90 days in jail, Cromer said.