[UPDATED with Lawyer-Father's Complaint:] Kurt Duncan Naegele Cuts Plea Deal in Fatal DUI Crash Near Hearst Castle

timothy-d-naegele.jpg
UPDATE, MAY 22, 3:40 P.M.: It's safe to say Timothy D. Naegele has juice. He was chief of staff to former U.S. Senator Edward W. Brooke (R-Mass.) and counsel to the United States Senate's Committee on Banking, Housing, and Urban Affairs. His Timothy D. Naegele & Associates firm, which specializes in law involving banking, financial institutions and the Internet, has offices in Los Angeles and Washington, D.C. But a civil case occupying his time currently involves his son, who just accepted a plea deal for a 2009 DUI car crash near Hearst Castle that killed one and injured two others.
Newport Beach's Kurt Duncan Naegele is expected to get five years of probation and a year in either jail or home detention at his July 6 sentencing. But Timothy Naegele still claims his son was not behind the wheel of the Range Rover that rolled into a ditch, something he's still fighting in a Paso Robles courtroom.

Here is the attorney's email to me:

As I am sure you can understand, there were no "winners" on the night of September 18, 2009, at the Hearst Ranch when the tragic accident happened. Darren Dahlman was killed and his life can never be replaced. My son Kurt, Chris Pennell and Ryan Doheny were injured, but have survived.

However, the facts of that night are clear, based on DNA and other evidence; and they cannot be distorted. Ryan Doheny killed Darren Dahlman. Kurt Naegele was
not the driver of the vehicle when the tragic accident happened.

Indeed, the facts remain
exactly as set forth in the Amended Complaint, which is attached hereto. Also, Doheny's prior accident in Pasadena--where he left a vehicle under very similar circumstances, and climbed a tree to evade arrest, and then accosted an officer--is described there in some detail. And there is other evidence of his wrongdoing as well.

At no time has Kurt Naegele admitted that he was driving the car at the time of the accident. He pled
nolo contendere (or "no contest") for reasons that are totally unrelated to guilt. For example, he has a young family; and he could not take even a one percent chance of spending years in prison.

Once again, the facts remain exactly as set forth in the Amended Complaint that I filed on his behalf.

Thank you for your attention to the foregoing.

Best wishes,

Tim Naegele

Timothy D. Naegele
Attorney at Law

Timothy D. Naegele & Associates
Washington, D.C. and Los Angeles

Click below for the amended complaint he speaks of:

Naegele v. Hearst, Doheny-Amended Complaint-11-11-2.htm

Writer's note--If that link does not work with your browser, try this:

http://www.naegele.com/documents/Naegelev.Hearst-Doheny-11-11-2

crash-test-dummy_150.jpg
ORIGINAL POST, MAY 18, 8:14 A.M.: Remember Kurt Duncan Naegele, the Newport Beach man who won a mistrial in the case of a 2009 DUI car crash near Hearst Castle that killed one and injured two others when it was announced just after jury selection in November that evidence would point to someone other than Naegele being the driver?

Before a July 6 sentencing date in San Luis Obispo Superior Court, Naegele cut a plea deal for five years of probation and a year in either jail or home detention.

It's quite a turnaround since not only did Naegele's attorneys, Eugene Harris and lawyer-to-the-stars Mark Geragos, allege in open court that Ryan Robert Doheny was behind the wheel that fateful September 2009 night, but they sued the Los Angeles resident and the Hearst Corp. for failing to disclose people race cars on the airstrip where the crash happened.

"The whole case turned upside down when the driver and good friend of mine realized I was the only witness because my brother-in-law was killed and my other good friend was in a coma for a month and had no recall," writes Doheny in an email. "This is when [Naegele] turned on me and said I was driving. This caused me to have massive panic attacks, sleepless nights, loss of friends, heavy drinking and loads of prescription drugs to keep me sane."

According to the California Highway Patrol, Naegele, Doheny, Doheny's brother-in-law Darren William Dahlman, 38, of Pasadena, and Christopher H. Pennell, 40, of Los Angeles, had been drinking as guests invited to a birthday party on the San Simeon ranch Sept. 18, 2009.

They drove to the airstrip to find out how fast Naegele's Range Rover could go, something a CHP investigator claims Doheny later told him was a bad idea because it was pitch black out and Naegele was driving very fast and erratically. Around 11 p.m., the Range Rover rolled several times before falling down a steep embankment 300 feet off the runway on the north side of the airstrip.

The crash killed Dahlman, seriously injured Naegele (who had to be extricated from behind the steering wheel) and also injured Pennell and Doheny. Naegele and Doheny estimated to officers that they had been traveling 35 mph at the time of the crash, but CHP investigators who examined the skid marks and other evidence at the scene determined they were going more like 105 mph.

Doheny also claimed that Naegele, the Range Rover's registered owner, was behind the wheel. His blood-alcohol level later tested at about 0.16 percent--twice the legal limit. Beer cans were found strewn about the vehicle, according to court documents.

Naegele was charged with gross vehicular manslaughter and two sentencing enhancements. He pleaded not guilty at his arraignment. But after Harris and Geragos announced an expert witness would testify that Naegele was not the actual driver, Judge Michael Duffy declared a mistrial.

They had already filed a motion to impeach Doheny's testimony for lack of credibility, writing, "the defense theory of the case is that Mr. Doheny also moved Mr. Naegele's body into the driver's position, to hide the fact that he (Mr. Doheny) had been driving the vehicle at the time of the collision." The defense also brought up a past Doheny conviction for drunken driving, claiming he'd fled the scene of an accident while hammered.

Duffy denied the motion, according to the San Luis County District Attorney's office, but because prosecutor Matthew Kerrigan had not received within a required 30 days a notice from the defense that a new opposition witness would be called, the judge declared the mistrial.


Despite justice finally swinging in his favor, Doheny remains scarred from the physical, emotional and legal tolls.

"I saved Kurt's life while in tremendous pain and after managing to get my dead friend off of me after we flew 300 feet off a cliff at Hearst Castle," he writes. "I saved a life, and he turned around to destroy mine because he was a coward. This tore my family and most of my relationships apart."

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36 comments
makenac
makenac

None of you have any idea

Mazeltov Greenbergstein
Mazeltov Greenbergstein

HAHAHAHAHAHAHAHA!!!!!!!  what a load of Sh!t.  You just happened be walking down the road and a care with 4 of your friends just happens to crash in front of you and they all die?  This has to be Doheny, who else could come up with such a load of crappola and a bunch of inside info.  Where does it say he had a broken back and didn't know Darren was  dead yet? You and your Axia3 suck balls.

Matthew T.
Matthew T.

I don't know about you people out there reading this, but I am sure as hell glad I wasn't stuck being a juror on this one.

TheGrimDeceiver
TheGrimDeceiver

"This is when [Naegele] turned on me and said I was driving. This caused me to have massive panic attacks, sleepless nights, loss of friends, heavy drinking and loads of prescription drugs to keep me sane." - I hear you brother Ryan!  Reminds me of the time my wife caught me cheating and threatened to divorce me and take half of my money.  Guilt can wreak havoc on one's nervous system.

Rdoheny
Rdoheny

Let's look at the fact before you start drinking your own punch..

A) He was cut out with the jaws of life..B) He had broken bones consistent with the gas and break peddals.  He had to have his feet removed from around the gas and break peddals. His hands were broken from the dash and or steering wheel.C) He was calmly saying Darren was alive and to please get him off him when the seat was wrapped around him and nobody was on him.  Super-human strength would be required to bend a car around him.D) He had his seatbelt on and it had to be cut.E) His insurance accepted 100% blame and settled before Kurt the driver did. F) Your comment about the DNA is a flat out lie.  My DNA was found on the cieling where my head kept bashing behind the driver's seat. G) I have never driven a new Range Rover my entire life.H) He did admit driving several times in the beginning to many people including me and my family.  He even admitted this to the police when he was taken in.   I)  Darren Dahlman was killed by your Son you make me sick.  I went to high school, college and he was a fellow Beta.  I introduced him to his wife and I swear on my kids lives that had I been driving I would have taken my own life.  Cut out this nonsense.  We have been through enough.   

Sincerely,

Ryan Doheny 

anonymous
anonymous

Can't believe this is worth publishing.  sounds like everyone in the car was an idiot

abcdef
abcdef

Horrible accident that will affect the lives of everyone involved. I hope this event gives some closure to all affected. 

Rusty Trombone
Rusty Trombone

Innocent men do NOT "have massive panic attacks, sleepless nights, loss of friends, heavy drinking and loads of prescription drugs to keep me sane." if they are truly innocent. There must be some HEAVY internal turmoil, again, that truly innocent people rarely exhibit.

Perhaps the strong reaction was because, like most people who have backed themselves into a corner, he's worried about actually being CAUGHT.  Must be some pretty convincing evidence to send an "innocent" man into a tailspin...  Where there is smoke there is fire and Doheny's pants are on fire... what are you hiding? Who is the real coward in all of this?

For those of you that have known Ryan the longest, is this not just one more incident in a string of near pathological decision making? Is it REALLY completely out of the realm of possibility?

My heart goes out to the family of the gentleman that died. They are the ones who have suffered the most.

Carole Wells Doheny
Carole Wells Doheny

The lie that Kurt Naegele tried to pull off was disgusting and horrible.  Ryan was injured, had to have his spine operated on, saved Kurt's life by running a mile with major injuries to get help.  The other two would have bled to death.  I am so happy the truth is known and our families can finally try to find some normality.  We will always miss Darren and my son, Ryan will always be negatively affected by this!!

Kileyplantinghope
Kileyplantinghope

Congrats Ryan!! What an ordeal! So sad it ever happened, but your family has stood by you the whole way and you are a survivor!

Buttercup
Buttercup

Just goes to prove the old adage, Alcohol and Assholes don't mix.

DiveCambria
DiveCambria

From the outside looking in, it seems like Mister rich and powerful DC lawyer is covering up for his guilty son by trying to create doubt around the circumstances of the accident.  It worked.  Sad that our court systems can be manipulated by those with money.  The Doheny kid may not be a model citizen, but I do feel bad he is being persecuted by the Naegele camp with such vigor.  How could Doheny have moved Kurt when Kurt had to be extracted.  Loyalty to one's family should only go so far.  Wonder if Tim was behind the WMD claim in Iraq!  This guy acts like a mobster.

David Jackson
David Jackson

Wow. These Naegele guys really expected people to believe that their client, who was extricated with the jaws of life from the drivers seat, was moved into the drivers seat while unconscious, and strapped in his seatbelt by another passenger after the accident? Are you kidding me? No wonder he copped a plea.  Disgusting.

ShakespeareinGuilt
ShakespeareinGuilt

 I fear that your extreme sense of guilt may have negatively affected your ability to spell.  "Break peddals," "cieling"??  Oh, I forgot, you are one of those rich frat boys who never had to learn to spell. The frat boy doth protest too much, methinks.

Rusty Trombone
Rusty Trombone

Further enlightening comment... Point "I" shows your true character.  You would commit suicide and effectively "run away" rather than take responsibility and face justice.  Just like you ran away from your DUI.

I have to say from the outside looking in, you seem to be completely lacking character and integrity - a coward through and through...  Just the type of person who would have no problem framing someone else for your mistakes.

Or, perhaps, the type of person with just enough of a conscious to "have massive panic attacks, sleepless nights, loss of friends, heavy drinking and loads of prescription drugs to keep me sane."

Man-up and do the right thing and confess, or resign yourself to a life of "massive panic attacks, sleepless nights, loss of friends, heavy drinking and loads of prescription drugs"

Disgusted
Disgusted

I have known Ryan since grammar school.  He and Darren were brothers sinces high school.  They became legal brothers when they married two sisters.  Ryan made some stupid, reckless frat boy decisions while in college, nearly a decade earlier, but it is shameful for YOU to try to pin your son's current reckless behavior on someone else.  No wonder YOUR son has taken this course - he was raised by a man with the means and morality to escape responsibility.  You are so consumed with your own lies and saving your kid from his OWN actions you probably really do think it's possible that Ryan, with all his serious injuries and broken bones could have moved your 200lb passed out drunk son into the mangled drivers and force the steering while against him so securely that it took the jaws of life to push them back off.  Sorry, but NO ONE else busy that load of garbage that doesn't come close to giving a doubt who caused this accident.  You are as despicable as your kid, who killed a young father, left a mother without her child, left a son without a father, and then publicly accused an innocent man of killing his brother.  You are pure evil.

MOST
MOST

Shut up Buttercup....you don't know sh*t!!!!!!!!!

ShakespeareinGuilt
ShakespeareinGuilt

I doubt that attorney Naegele is that rich or that powerful - I had never heard of him or his law firm.  He is certainly not in the class of the Doheny clan.  (Although, I reserve comment on the WMD angle.  Anything is possible.)  From my experience of practicing law for more than 20 years, a district attorney does not offer a plea bargain unless he/she sees serious flaws in the case.  Here, I think that Ryan Richie-Rich Doheny might have some esplainin' to do, Lucy.  

Rusty Trombone
Rusty Trombone

Don't let the "jaws of life" comment fool you.  My good friend is a paramedic and my cousin has been a firefighter for years.  They use the jaws of life all the time to extricate people from accidents, especially if the accident is particularly violent and the subject is unconscious.  It is the best way to open access to get back boards and other tools to ensure no further neck or spinal injury occurs.  It is entirely reasonable that you can carelessly insert someone (especially if you think they are dead anyway) into a space that requires careful extraction using the jaws of life.

I'm glad Naegele dad posted his document.  Look at Doheny's character (or lack thereof) as demonstrated here, his past record of near pathological, rich-boy-frat-bro-reckless behavior, a known history of racing and drinking at the ranch, etc.   Top that off with a clear motive to runaway, namely that he would be tried for murder if he's in a DUI where someone gets killed.

Top it off with admitted "massive panic attacks, sleepless nights, loss of friends, heavy drinking and loads of prescription drugs to keep me sane." 

Looks like a duck, walks like a duck, quacks like a duck. 

Why doesn't Doheny explain his side of the story in more detail if he's got nothing to hide?

gustavoarellano
gustavoarellano

Actually, I think this is the first time Buttercup has made any sense at all...

DiveCambria
DiveCambria

Thanks for the final response Rusty.  I am still under the impression that your hatred of the Doheny's (did Edward steal an oil well from your great papi or something?) is hindering your thinking. 

If Kurt was innocent and there where major flaws in the case why didn't he "man-up" and fight it all the way from the begining.  Kurt and Tim figured a way out by causing confusion and doubt; and yes Doheny was collateral damage. If there are so many flaws in the case, and so much evidence against Doheny why wouldn't the DA charge Doheny?  

It's because the "switching the driver" story is simply a smoke screen to save rich kid Kurt from mucho prison time....as well as avoiding financial losses in civil court. 

The no contest plea was another brillant move by the 1%er Naegle camp to CYA in Civil Court.  A no contest plea means one must prove Naegele is guilty of being the driver in Civil count; back to square one.  These Naegele's don't mess around. I do agree with you that the Dalhman family's loss is tragic.  Keep on Keepin on TheGrimDeceiver. Thank you for your insight and posts.

ShakespeareinGuilt
ShakespeareinGuilt

Sorry to see you leave RustyT.  I guess it is time for you to oil your slide.  As for you, attorney Naegele, stay away from Washington DC.  You are better off in Malibu; fewer Neocons out there I hear.  And Naegele Jr., if you were the victim of an attempted frame-up, I have good news for you - the truth always surfaces in the end.  Richie Ryan, if you were the perpetrator of an attempted frame-up, I have bad news for you - the truth always surfaces in the end.  But if instead you were the hero that you claim to have been that night, more power to to you!  A CNN Heroes nomination may be in your future.  But do lay off the booze and the pills and the racing of cars.  It is not becoming of you or of your noble family name.  And above all, work on your spelling. 

Oh - almost forgot DiveCambria.  DiveCambria - keep on truckin brother (or sister)!  Or divin' (or whatever else you do, without a 'g' - in Cambria).

Rusty Trombone
Rusty Trombone

Read the comment from the GrimDeceiver.  I'm no lawyer, but he is.  (BTW, the judge doesn't decide innocence or guilt, a jury does - that I know)  According to Grim, a judge and DA typically don't push for a plea because there are serious flaws with a case.   Soooo,  Papa Bear pointed out the flaws with the case, now where is the evidence to back it up?  Surely, there must be compelling evidence somewhere otherwise the DA would push for a slam-dunk trial, not a plea.

BTW, he was allowed to plead "no contest", technicallly not guilty, I believe. Why allow that instead of force a "guilty" plea? Doheny isn't "innocent" as he's never been charged and tried, perhaps he should.

Maybe it's not Doheny's side or Naegele's side that is the root of the problem.  Maybe the DA and Judge are the one's playing games and trying to CYA. Maybe there isn't enough evidence to slam dunk either person and at least they get to claim at least a small victory? There is no shortage of cowards in this whole affair, but I guess that is reality.

Bottom line, the truth is here somewhere.  I don't want either side of the 1% club to win through questionable tactics - I want to see the truth, the whole truth and nothing but the truth.

That said, I'm obviously not a good candidate for the jury because I've been around "Doheny's" a long time, and have seen the damage caused by the narcissism and entitlement frat-boy, douch-y behavior.  I still have to go with my gut on this one and believe that Doheny is guilty and a coward. Unfortunately, we'll never know the truth...

I've wasted enough time and energy on this already and don't feel sorry for Doheny or Naegele.  The only collateral damage that is of any consequence is Dahlman's family.  My heart goes out to them and I hope they can find peace.  They are the one's that have to come to their own hard conclusions and move forward.

over and out.

ShakespeareinGuilt
ShakespeareinGuilt

 OK, with all due respect to DiveCambria, Richie Rich, RustyTrombone and the Naegeles, I am sorry, but Timothy Naegele and Associates does NOT appear to be a "high powered law firm."  I just checked out his website.  It appears to be a one man law 'firm' - with a single office in each of DC and Malibu.  On the other hand, IF he has ties to Dick Cheney, I suppose a rendition to Romania is not out of the question. :-)

DiveCambria
DiveCambria

Rusty, this Doheny kid must have caused you significant emotional or financial harm for you to character bash with such vehemence based a knot in your gut.  The judge did not find Kurt innocent of killing the other passanger.  Instead, Kurt is being sentenced for the crime.  Doheny is innocent in the eyes of the criminal courts.  It seems Kurt should have "manned-up" if he was truly innocent.  Why agree to a plea?  Wouldn't Kurt want to clear his name if he was innocent of the crime?  Why did Kurt's story change long after the accident regarding who was driving?  Why did Kurt's insurance company accept 100% blame? Again, I have just followed this case from a far out of interest and can only speculate, but it seems very apparent that Tim came up with the legal strategy to leverage the fact that this Doheny kid isn't a model citizen.  It seems like the obvious route to save his son jail time by creating doubt and posturing to the DA there will be a long battle to prove beyond a reasonable doubt that Kurt was driving.  It was a brillant move and it worked with Kurt getting a slap on the wrist.  I simply find it sad that Doheny is the collateral damage (again he sounds like no angel), and Tim with his high-powered law firm is dragging Doheny through the mud to save his son Kurt from paying a true debt to society by admitting guilt.  I should probably be careful what I write, Tim might call on his friends at the state department and I could end up in a Romanian prison.

Rusty Trombone
Rusty Trombone

LOL...sorry, no conspiracy here. Nothing to do with Naegele at all. Been around people like Doheny for a long time (and purposefully kept my distance); I've seen the pathological behavior over and over again. Now someone is dead. I just want the truth, it's what the Dahlman widow and children deserve. I've seen so many entitled morons go through life screwing other people and nothing ever comes of it, while other people pay dearly. It's that arrogant, prick mentality that brought our economy down and it's why our government is such a disaster. If Naegele truly did it, then he should pay dearly. But, I have a knot in my gut that tells me otherwise....

So do I have an axe to grind? Yes. Hate? No. Disgust and Pity? Yes.

DiveCambria
DiveCambria

Rusty, you have quite the axe to grind.  You have a lot vested in painting Doheny as the guilty party don't you.  The hate and venom seething from your comments make it apparent you are not an impartial by-stander. It must be extremely important for you to spread as much doubt and uncertainty around the circumstance of the accident as possible to help your friend (or yourself) avoid getting slapped with a civil suit for big $$$. Could you be an law associate in Tim's firm monitoring and posting this hate?  A family member or friend?  Or Kurt himself?  Attacking Doheny's character might just work in avoiding a civil suit via intimidation...I guess the big time law firm techniques worked in getting the no contest criminal plea for Kurt a virtual slap on the wrist...this approach might have the same success on the civil side.  However, it is a sad example of how low humanity can stoop to cover their own.  It seems the Naegele camp abides by Machiavelli philosophy.

LawyerswithoutconscienceSUCK
LawyerswithoutconscienceSUCK

Oh My GOD - Rusty and Timothy, you are truly heinous people.  I witnessed an accident where four people died 30 years ago.  Turned out, they were my friends.  I just happened to be on a walk, when a car went skidding off a road in front of me.  I tried to help, but they died - everyone.  The accident haunts me to this day.  How could you or anyone say that someone having horrible memories and effects of being in the car where his best friend died - and he was horribly injured - wouldn't cause extreme suffering?  How could Kurt NOT??  You say he's innocent, and the innocent don't suffer?  Interesting your boy did suffer at all, being so innocent.  Pretty solid testimony that you all must have no heart and no empathy ... in fact, you sound absolutely pathological.  You are sick, sick people, capable of raising a boy who would kills someone and then pin the murder on the deceased brother and best friend to escape responsibility.  Your greed and evil exceeds fathom.  No one who reads even a fraction of the evidence or the facts of this tragedy believes the garbage you are selling.   I am in no way involved in this mess, but as a human being, I am so utterly appalled. You have your nose so far up your legal ass, you have no view of reality - people aren't so stupid, despite your penchant for pointing out grammatical mistakes, which equates to murderous guilt in your warped minds.  No man with a broken back and severe, severe injuries could possibly have put your passed out drunk 200lb son behind the steering wheel, wrapped the car around him, put his feet behind unreachable pedals - underneath a massive hunk of steel wrapping your dear Kurt, who has injuries from the wheel, the pedals, the dashboard - whereas Ryan did NOT.  He was hurt and dragged himself to help to saveyour son and the life of the other passengers.  He didn't know Darren was dead yet.  If he is so evil as you say, why didn't he put the DEAD body in the driver's seat?  Problem solved.  Perhaps if your son hadn't blacked up from alcohol and a dashboard, he would have, the sick son of a bitch.  The only reason he is blaming Ryan INSTEAD of Darren is ... I don't know - Darren had DUI arrests.  Two.  Or was it just to easy to pin this on Ryan for one stupid college prank almost 20 years before?  You should be thanking Ryan for saving your son's life, and, instead, you do this?  Evil with money and means personified.  Shame on you.  Rot in hell - you are worse than your murdering irresponsible son.  No wonder your son is so reckless and irresponsible.  You taught him well.

Rusty Trombone
Rusty Trombone

LOL, protect them by committing suicide "if" you were guilty... wow, your fatherly instincts are top-notch!  And you wonder why no one believes you...

Timothy D. Naegele
Timothy D. Naegele

One must assume you have been drinking again, when you wrote the comments above.

What you did has been accurately set forth in the Amended Complaint against you.  Nothing needs to be added.

See above and see http://www.naegele.com/documen...

The advice given to you by "Rusty Trombone" above seems wise: "Man-up," if you are capable of that.

Rdoheny
Rdoheny

I have kids and would do anything to protect them. Themanor and in which you are choosing to protect your son through lies and deceitare despicable.

The darkest places in hell are reserved for people likeyou.

GFY 

Rocket J
Rocket J

The mix but not well.

From Wikipedia: Rectal drug administration

An enema might be used to clean the colon of feces first to help increase the rate of absorption in rectal administration of dissolved drugs, including alcohol.[12]

Enemas have also been used for ritual rectal drug administration such as balché, alcohol, tobacco, peyote, and other hallucinogenic drugs and entheogens, most notably by the Mayans and also some other American Indian tribes. Some tribes continue the practice in the present day.[13]

People who wish to become intoxicated faster have also been known to use enemas as a method to instill alcohol into the bloodstream, absorbed through the membranes of the colon. However, great care must be taken as to the amount of alcohol used. Only a small amount is needed as the intestine absorbs the alcohol more quickly than the stomach. Deaths have resulted due to alcohol poisoning via enema.[14]

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