SUPERIOR COURT OF CALIFORNIA
             COUNTY OF ORANGE, NORTH JUSTICE CENTER


_______________________________________...
ANDREW THOMAS GALLO FPD 09-28008 PAGE 2

COUNT 4: On or about April 09, 2009, in violation of Section
23153(a) of the Vehi...
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 Ve...
ANDREW THOMAS GALLO FPD 09-28008 PAGE 4


I declare under penalty of perjury, on information and belief,
that the foregoin...
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FindLaw - Murder Charges Against Accused Drunk Driver in Nick Adenhart's Death

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

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FindLaw - Murder Charges Against Accused Drunk Driver in Nick Adenhart's Death

  1. 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. / / / / / / / / / FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009 OC DNA NOT ON FILE: ANDREW GALLO
  2. 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. / / / / / / FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009 OC DNA NOT ON FILE: ANDREW GALLO
  3. 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. / / / / / / / FELONY COMPLAINT (DA CASE# 09F15758) 04-13-2009 OC DNA NOT ON FILE: ANDREW GALLO
  4. 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

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