Felony murder charges against the driver accused of being drunk and killing Los Angeles Angels pitcher Nick Adenhart, Courtney Stewart, and Henry Pearson.

1. SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE, NORTH JUSTICE CENTER
_______________________________________
THE PEOPLE OF THE STATE OF CALIFORNIA, ) FELONY COMPLAINT
)
Plaintiff, )
)
)
vs. ) No.09NF1165
) FPD 09-28008
ANDREW THOMAS GALLO 12/10/86 ) BAC .19 BL COLLISION
D7347718 )
)
Defendant(s))
The Orange County District Attorney charges that in Orange
County, California, the law was violated as follows:
COUNT 1: On or about April 09, 2009, in violation of Section 187
(a) of the Penal Code (MURDER), a FELONY, ANDREW THOMAS GALLO
did unlawfully and with malice aforethought kill Nick Adenhart,
a human being.
COUNT 2: On or about April 09, 2009, in violation of Section 187
(a) of the Penal Code (MURDER), a FELONY, ANDREW THOMAS GALLO
did unlawfully and with malice aforethought kill Courtney
Stewart, a human being.
COUNT 3: On or about April 09, 2009, in violation of Section 187
(a) of the Penal Code (MURDER), a FELONY, ANDREW THOMAS GALLO
did unlawfully and with malice aforethought kill Henry Pearson,
a human being.
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FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009
OC DNA NOT ON FILE: ANDREW GALLO

2. ANDREW THOMAS GALLO FPD 09-28008 PAGE 2
COUNT 4: On or about April 09, 2009, in violation of Section
23153(a) of the Vehicle Code (DRIVING UNDER THE INFLUENCE OF
ALCOHOL/DRUGS CAUSING BODILY INJURY WITH ONE PRIOR), a FELONY,
ANDREW THOMAS GALLO did unlawfully drive a vehicle while under
the influence of an alcoholic beverage, a drug, and under the
combined influence of alcoholic beverage and drug(s), and while
driving do an act forbidden by law and neglect a duty imposed by
law in driving the vehicle, namely Running Red Light,
proximately causing bodily injury to Jonathan Wilhite and
Raymond Rivera, and pursuant to Vehicle Code section 23560, the
defendant, ANDREW THOMAS GALLO, within ten (10) years of the
commission of the above offense, committed a separate violation
of Vehicle Code Section 23103 as specified in section 23103.5,
Vehicle Code section 23152, and Vehicle Code section 23153, for
which the defendant was convicted.
COUNT 5: On or about April 09, 2009, in violation of Section
23153(b) of the Vehicle Code (DRIVING WITH BLOOD ALCOHOL .08 %
OR MORE CAUSING BODILY INJURY ), a FELONY, ANDREW THOMAS GALLO
did unlawfully drive a vehicle while defendant's blood alcohol
was 0.08 percent (%) or more by weight of alcohol in defendant's
blood, and while driving do an act forbidden by law and neglect
a duty imposed by law in driving the vehicle, proximately
causing bodily injury to Jonathan Wilhite and Raymond Rivera.
COUNT 6: On or about April 09, 2009, in violation of Section
20001(a) of the Vehicle Code (HIT AND RUN WITH INJURY), a
FELONY, ANDREW THOMAS GALLO, was a driver of a vehicle involved
in an accident resulting in injury to Jonathan Wilhite and
Raymond Rivera, did knowingly, willfully, and unlawfully fail to
immediately stop the vehicle and give to the injured person and
to a traffic and police officer at the scene of the accident the
defendant's name and address, the vehicle registration number,
and the name of the owner of the vehicle; to exhibit the
defendant's operator's license; to render reasonable assistance
to the injured person; and perform the duties specified in
Vehicle Code sections 20003 and 20004.
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FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009
OC DNA NOT ON FILE: ANDREW GALLO

3. ANDREW THOMAS GALLO FPD 09-28008 PAGE 3
COUNT 7: On or about April 09, 2009, in violation of Section
14601.2(a) of the Vehicle Code (DRIVING ON SUSPENDED LICENSE), a
MISDEMEANOR, ANDREW THOMAS GALLO did unlawfully drive a motor
vehicle upon a highway at a time when his/her driving privilege
was suspended and revoked for driving under the influence of an
alcoholic beverage and a drug, and their combined influence, in
violation of Vehicle Code section 23152 or 23153, and when he/
she had knowledge of said suspension and revocation.
OTHER ALLEGATION(S)
As to Count(s) 1, 2, 3, 4 and 5, it is further alleged pursuant
to Vehicle Code section 23558, the defendant, ANDREW THOMAS
GALLO, in one instance of driving, proximately caused bodily
injury and death to more than one victim, Nick Adenhart,
Courtney Stewart, Henry Pearson , Jonathan Wilhite and Raymond
Rivera.
ENHANCEMENT(S)
As to Count(s) 4 and 5, it is further alleged pursuant to Penal
Code section 12022.7(a) (GREAT BODILY INJURY), and within the
meaning of Penal Code sections 1192.7 and 667.5, that defendant
ANDREW THOMAS GALLO personally inflicted great bodily injury on
Jonathan Wilhite and Raymond Rivera, who was not an accomplice
during the commission and attempted commission of the above
offense.
PRIOR CONVICTION(S)
As to Count(s) 4, it is further alleged, on or about December
08, 2005, ANDREW THOMAS GALLO violated Section 23152(a) of the
Vehicle Code, resulting in a conviction on or about May 01, 2006
in the SUPERIOR (SAN BERNARDINO) Court of the State of
California, in and for the County of SAN BERNARDINO, case
number: TSB119708.
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FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009
OC DNA NOT ON FILE: ANDREW GALLO

4. ANDREW THOMAS GALLO FPD 09-28008 PAGE 4
I declare under penalty of perjury, on information and belief,
that the foregoing is true and correct.
Dated 04/10/09 at Orange County, California.
SP/SK 09F15758
TONY RACKAUCKAS, DISTRICT ATTORNEY
by _______________________________ Deputy
Complainant
RESTITUTION CLAIMED
[ ] None
[ ] $________
[ X ] To be determined
NOTICES:
The People request that defendant and counsel disclose, within
15 days, all of the materials and information described in Penal
Code section 1054.3, and continue to provide any later-acquired
materials and information subject to disclosure, and without
further request or order.
Pursuant to Penal Code Section 296.1, defendant, ANDREW THOMAS
GALLO, is required to provide DNA samples and thumb and palm
prints.
FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009
OC DNA NOT ON FILE: ANDREW GALLO