Nick Adenhart Drunk Driving Accident: New Testimony in Grand Jury Proceedings
Tuesday, June 30th, 2009In the grand jury hearing in the Nick Adenhart car accident, there has been testimony from the medical examiner who clarified the confusion over the difference in the blood alcohol content levels mentioned in the driver’s toxicology report as well as testimony from the defendant’s step brother.
Earlier this month, we discussed the toxicology report that showed that Stewart was drunk at the time of the car accident. The driver of Adenhart’s car 20-year-old Courtney Stewart had a peripheral blood alcohol level of .06 and a chest cavity blood alcohol level of .16. The legally allowed limit for alcohol is .08 for adults. Persons below 21 years of age are not allowed to have any alcohol in their system while at the wheel. According to the examiner, the most reliable blood alcohol reading is the peripheral blood alcohol level. When a person drinks alcohol and dies soon after, the alcohol that is in the stomach and surrounding tissues begins to dissipate into the chest cavity. That results in a higher reading for blood alcohol in the chest cavity.
Stewart was the driver of the Mitsubishi that was carrying rookie pitcher Nick Adenhart, Jon Wilhite and Henry Pearson. The Mitsubishi was struck by a van driven by Andrew Thomas Gallo. Adenhart, Pearson, and Stewart were killed instantly and Gallo has been charged with their murders. He is alleged to have been driving under the influence of alcohol. Wilhite was seriously injured in the drunk driving accident and is now recovering. According to witnesses, Gallo ran a red light and struck a car that was carrying the three victims.
Deputy District Attorney Susan Price had announced at the time Stewart’s toxicology report was revealed that her blood alcohol content level was irrelevant to the case because it was Gallo who was at fault in the crash.
In related news, the Orange County Register, is also reporting that Gallo after the accident, ordered his injured stepbrother to flee the scene. The stepbrother Raymond Alexandro Rivera testified before the grand jury hearing. Upon being questioned during the proceedings, Rivera confirmed that Gallo had told him to run in the seconds after the crash. Rivera however, stayed on at the scene of the crash, while Gallo called someone on his cell phone and then ran from the scene. Several other witnesses have confirmed that they saw Gallo get out of the van and flee on foot.
Rivera also gave the grand jury a close account of the pair’s activities just before the accident. Apparently, they both had gone outside to celebrate Gallo’s new job, and downed a few drinks in the process. Police investigators have also testified that Gallo admitted he had several shots of sake. Rivera confirmed that he had been to dunk to drive and had told Gallo to drive instead because he had a “much higher tolerance to alcohol.” Soon after, Gallo ran a red light and crashed into Courtney Stewart’s car.
The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of drunk driving accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.
The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.