PUBLIC BLAMES DMV MOST SAY WELLER TOO FRAIL FOR CELL.

Byline: TONY CASTRO Staff Writer

WINNETKA -- As the jury wrapped up deliberations Friday in George Russell Weller's vehicular-manslaughter case, Sheryl Colby and her mother, Charlotte Weinberg, embarked on a day of errands around the San Fernando Valley.

Shortly after noon, those errands included a stop at the Department of Motor Vehicles office in Winnetka, where Weinberg renewed her driver's license.

And it was there that mother and daughter heard that Weller had been found guilty of 10 counts of vehicular manslaughter with gross negligence in the 2003 tragedy at the Santa Monica Farmers' Market.

``He didn't get convicted! Oh, no, that's terrible!'' Colby cried. ``That's so stupid. That was an accident.''

But at the same time, Colby also said she insists that her elderly mother no longer drive long distances or in heavily crowded conditions, such as those at The Promenade in Santa Monica, where 10 people were killed and more than five dozen injured July 16, 2003.

``She's right, and I won't drive in a congested area,'' said Weinberg, who declined to disclose her age. ``And I don't think people who are elderly should be driving in areas that are so congested.''

But Weinberg also expressed deep sorrow for Weller's victims and their families.

``I feel for him,'' she said. ``But how would you feel if you were the parent of one of those children who was killed?''

Colby and Weinberg were among a cross section of licensed drivers who offered opinions about Weller at the DMV offices on Sherman Way early Friday afternoon.

His conviction -- met with surprise and compassion by many drivers of all ages -- also reignited the debate about elderly motorists. Many motorists interviewed said they think the state Department of Motor Vehicles was to blame for licensing Weller to drive.

``I don't think he should go to jail. It was the DMV's fault,'' said Delfino Poblete of Reseda. ``They said he was competent enough to drive. They should share in the blame.''

Most of those drivers said they think the DMV should impose mandatory testing at frequent intervals for all elderly drivers, possibly as soon as they reach their 60s.

Under state law, however, a motorist's age is insufficient for re- examination of their skills. However, the DMV can re-examine a driver who does not have a medical problem but whose driving skills are questionable, based on information received from relatives, friends, police, physicians or DMV employees.

``This man must feel awful, but it was the DMV that decided he was fit to drive, and it should be held accountable,'' said Katherine Bliss of Lancaster, who was almost moved to tears as she thought about the guilt she said he is probably feeling.

``The DMV determined that he could drive. If they hadn't, he wouldn't have had a driver's license. They should do a better job in determining if someone is too old to drive or doesn't have the ability to drive (safely) or if someone has their judgment impaired because of medication,'' she added.

Among those interviewed, most said that while Weller faces 18 years in prison for his conviction, they thought he should be sentenced to probation or house arrest.

``If he's 89, he's not going to live that much longer,'' said Sue Taylor of Granada Hills. ``He'll die in a day if you send him to jail.''

Like Colby, Taylor said she thinks the elderly should be helped by their children, relatives or friends in getting around and lessening their time behind the wheel.

``My dad is disabled, and a lot of days all I do is drive him around to where he needs to go,'' she said. ``It would be irresponsible for me to allow him to drive himself.''

Colby also said cities need to explore broadening the taxicab-voucher program that some communities offer senior citizens, as part of an overall strategy to cut down on their driving time.

The only dissenting voice on Weller and whether he should go to prison was Tiffany Guidry of Reseda.

``I think he has to go to jail for what he did because so many people died, and he didn't act like he cared,'' she said.

Others, such as Vicente Escoto of Van Nuys, think Weller belongs in a facility such as a senior home or possibly even a hospital.

``He's an old man, and I don't see any purpose that would be served by sending him to prison,'' Escoto said.

Martha Moreno of Reseda was among those suggesting that the DMV test every driver every six months after they have reached the age of 65.

``You have to do something to make the roads safe,'' she said.

Then there's Carrie Shinnick of Woodland Hills, who was among the few who wondered why Weller had even been tried in court.

``It was an accident,'' she said, ``and accidents happen all the time.''

tony.castro(at)dailynews.com

[phone]

CAPTION(S):

9 photos

Photo:

(1 -- color) - Delfino Poblete

(2 -- color) - Tiffany Guidry

(3) COLBY

(4) WEINBERG

(5) ESCOTO

(6) BLISS

(7) TAYLOR

(8) MORENO

(9) SHINNICK