Andrew Thomas Gallo Conviction Upheld in DUI Deaths of Angel Nick Adenhart, 2 Others
A panel of three justices disagreed with the Gallo defense's contention that Orange County Superior Court Judge Richard Toohey was biased against the defendant, denying the 22-year-old his rights to due process and a fair trial.
Justices William Rylaarsdam, Kathleen E. O'Leary and William Bedsworth countered Gallo received a fair trial and Toohey was not guilty of judicial misconduct in a 21-page ruling.
|The Big A remembers Nick Adenhart.|
Hours after pitching six shutout innings for the Angels at the Big A in his first major league start on April 9, 2009, Adenhart was riding in a Mitsubishi Eclipse driven by 20-year-old former Cal State Fullerton cheerleader Courtney Stewart. Also along for the ride to the In-Cahoots country and western dance club were 25-year-old Henry Pearson and Jonathan Wilhite, a then-24-year-old former Cal State Fullerton Titans catcher.
Gallo, who'd spent most of the same day drinking, drove a minivan despite having a prior DUI conviction and having been told through his punishment the alcohol and driving don't mix. He would run a red light and broadside the Eclipse, killing everyone inside except Wilhite, who suffered what doctors called internal decapitation. His injuries are with him the rest of his life.
By the time he could be tested, Gallo showed a blood alcohol level that was more than three times the legal limit. He would plead not guilty to three counts of second-degree murder, driving under the influence, hit-and-run and driving with a suspended license. A jury convicted him in 2010.
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