TOW-TRUCK DRIVER TO BE RETRIED.Byline: KAREN MAESHIRO Staff Writer LANCASTER -- Prosecutors will try for a second time a tow-truck driver involved in a head-on Highway 138 collision that killed a 72-year-old Palmdale man. 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 October in the case of James Herbert White after Antelope Valley Superior Court 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 . They convicted him 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 . ``We think he's guilty of a felony. We think it goes beyond a misdemeanor vehicular manslaughter conduct,'' Deputy District Attorney Guy Shirley said. Sentencing for the misdemeanor conviction was put off pending the second trial. Shirley declined to specifically say what he might do differently in the next trial. ``There are some things. I did talk to some people on the jury. They had concerns,'' Shirley said. White's attorney could not be reached for comment but said after the verdict that the crash was an accident and did not constitute gross negligence. The June 10, 2005, crash killed Richard Pailliotet and injured his wife, Susan, who were celebrating their 42nd wedding anniversary and returning from a trip to the Grand Canyon. The Pailliotets' pickup was hit head-on by White's tow truck as he crossed over the highway center line in an attempt to pass a big-rig truck, authorities said. The Pailliotet 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 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, attorneys said. White and other motorists pulled the Pailliotets from their burning truck, a California Highway Patrol report 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 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@dailynews.com (661) 267-5744 |
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