MISTRIAL DECLARED IN 138 DEATH JURY DEADLOCKS ON FELONY, BUT CONVICTS TOW-TRUCK DRIVER OF MISDEMEANOR.Byline: KAREN MAESHIRO Staff Writer LANCASTER -- A mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be was declared in the case of a tow-truck driver involved in a fatal head-on collision on Highway 138 after jurors deadlocked 11-1 in favor of acquittal on a charge of felony vehicular manslaughter vehicular manslaughter n. the crime of causing the death of a human being due to illegal driving of an automobile, including gross negligence, drunk driving, reckless driving, or speeding. with gross negligence An indifference to, and a blatant violation of, a legal duty with respect to the rights of others. Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or . The Antelope Valley Superior Court jury convicted James Herbert White of Montclair of misdemeanor reckless driving reckless driving n. operation of an automobile in a dangerous manner under the circumstances, including speeding (or going too fast for the conditions, even though within the posted speed limit), driving after drinking (but not drunk), having too many passengers in in connection with the June 2005 incident. ``It turned out that the area had just been repaved, and it hadn't had proper lines put into the road. There were no signs indicating that there was a curve ahead, and he didn't have knowledge that there was a dangerous situation until he got up next to the big rig,'' White's attorney, Stanley Bowman, said. ``He didn't see the car coming, and it was too late to avoid it. He drove off the road, but the other car did the same, and they had a collision off the road. So it was an accident. It wasn't gross negligence, which is like racing or driving under the influence,'' Bowman said. The verdict was reached Monday. White is scheduled to appear in court in November for sentencing and to see if prosecutors will retry re·try tr.v. re·tried , re·try·ing, re·tries To try again. Verb 1. retry - hear or try a court case anew rehear him on the felony count. The prosecutor in the case did not respond to requests for comment. Richard Pailliotet, 72, of Palmdale died from injuries in the June 10 crash that occurred when White crossed over the center line in an attempt to pass a big-rig truck and crashed into the victim's pickup truck, authorities said. Pailliotet and his wife, Susan, who was injured, were celebrating their 42nd wedding anniversary and returning from a trip to the Grand Canyon. Pailliotet's family filed a wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action lawsuit in June against the California Department of Transportation The California Department of Transportation (Caltrans) is a government agency in the U.S. state of California. Its mission is to improve mobility across the state. It manages the state highway system and is actively involved with public transportation systems in California. , saying Caltrans should have done more to make the dangerous roadway safer. The Pailliotets were driving west on Highway 138 in a 1998 Ford Ranger pickup truck about 2:20 p.m. when the collision occurred near Avenue W, where the two-lane highway makes one of two bends just east of the hamlet of Llano lla·no n. pl. lla·nos A large, grassy, almost treeless plain, especially one in Latin America. [Spanish, plain, from Latin pl . White was driving back to the Chino area after dropping off a car in Palmdale, Bowman said. White's 2002 International tow truck was passing the big rig when it hit the Pailliotets' truck head-on, authorities said. White and other motorists pulled the Pailliotets from their burning truck, a California Highway Patrol report said. The Pailliotets, who have two grown children, did volunteer work at St. Andrew's Abbey St. Andrew's Abbey is a Benedictine monastery of men located in Valyermo, California. In 1929, St. Andrew's Abbey in Bruges, Belgium founded St. Andrew's Priory in China. Until 1953, the monks of St. Andrew's Priory conducted missionary work among the Chinese. in Valyermo, the attorney handling their civil case said. Highway 138 at Avenue W was the site of a 1998 crash that killed a young couple and injured their 10-month-old son when their Jeep Wrangler was hit by a pickup truck that went out of control on a curve. The young woman's father waged a billboard campaign to improve the highway, now being widened to four lanes farther west toward Palmdale. karen.maeshiro(at)dailynews.com (661) 267-5744 |
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