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Breaking News

UPDATED: Autopsy Report: Adenhart Driver Also DUI

By Nick Schou, Thursday, Jun. 11 2009 @ 10:02AM
Comments (34)
Categories: Sports
adenhart.jpg
Shortly after midnight on April 9, Andrew Gallo drove his van through a red light at Lemon Street and Orangethorpe Avenue in Fullerton and smashed into a car passing through the intersection. Gallo escaped the collision unharmed, got out of his van and ran from the scene. Not so lucky was the other car's driver, Courtney Stewart, a 20-year-old college student from Diamond Bar, and passengers Henry Pearson and Nick Adenhart, the 22-year-old Anaheim Angels pitcher--all of whom died at the scene--and Jon Wilhite, who is recuperating at his parents' home in Murietta from what doctors described as an internal decapitation.

Gallo, an alcoholic who had a prior DUI arrest on his record, was quickly arrested and charged with three counts of murder as well as fleeing the scene of an accident. Worried that he might face the death penalty for the crime, Gallo's family has defended him, calling the crash an "accident." Others, including Stewart's family, understandably, weren't so forgiving, even after Gallo cried in the courtroom on April 13. "I didn't feel sorry for him in the least," Carrie Stewart-Dixon, the bereaved mother of Adenhart's driver, told ESPN.com. "I'm sure his attorney told him to [cry] . . . Accidents happen; when you're drinking and driving, it's murder. You know what you're doing."

Yesterday, the Orange County Coroner refused to grant a request to review autopsy reports from the accident. "The District Attorney's office still has this under investigation and asked us not to release it," a records clerk told the Weekly. However, I obtained a copy of a toxicological report this morning showing that Courtney Stewart was also driving while intoxicated, with a blood alcohol content of .16 percent, twice the legal limit assuming that Stewart, who was 20, was allowed to drink. The legal limit for underage drivers is actually .01 percent, meaning that Stewart was 16 times drunker than the law allows.

Gallo reportedly faces a potential sentence of 55 years to life in prison if convicted on all counts. (Susan Kang Schroeder, a DA spokeswoman, says he isn't eligible for the death penalty). Gallo, who was driving on a suspended license because of a previous DUI, had a blood alcohol level roughly three times the legal limit, and eyewitnesses state that he was at fault by running the red light.

Randall Longwith, Gallo's attorney, confirmed that he received a copy of the toxicological report yesterday in discovery materials provided by the DA's office, which has an obligation to share potentially exculpatory information with the defense. "Ultimately, we are talking about a murder allegation here based on, in essence, a traffic violation," he said. "We have two people, both are intoxicated, and we are having a murder trial over a traffic infraction with tragic consequences."

[UPDATED 10:02 a.m., 6/11/09]: As I mention above, I wasn't able to get the coroner's office to comment on the toxicology report, nor was I able to reach Deputy DA Susan Price, who is prosecuting Gallo, but Price has told the OC Register that the correct blood alcohol content for Stewart is actually not her postmortem reading of .16 but her peripheral reading of .06, meaning that Stewart was six times drunker than the legal limit of .01 percent for underage drivers, not 16 times. The debate over postmortem versus peripheral blood alcohol readings in cases involving trauma, which apparently can contaminate postmortem blood alcohol readings, has come up before, most notably the 1999 crash that killed Princess Diana.

The Register isn't the only one to pick up on this story---so did the Associated Press, TMZ.com and various sports blogs--but the Reg is the only outlet to actually (kind of) credit the Weekly with breaking the story. Wait..just learned KFI credited us, too.

The coroner's report follows . . .
autopsy1.jpg

autopsy2.jpg


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Related Content

  • Autopsy Report: Angels Pitcher Adenhart's Driver Was DUI June 18, 2009
  • Help Titan Jon Wilhite, Honor Titan Courtney Stewart April 14, 2009
  • [Year In Review] OC Weekly's News Blog, Navel Gazing, Gazes Back at 2009 December 31, 2009
  • Nick Adenhart Memorial Fund Presents First $5,000 Check July 2, 2009
  • 2009 Postseason Throwdown: Top 11 Moments From Angels AL West Victory Celebration September 28, 2009

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  • Andrew Gallo
  • Courtney Stewart
  • Nick Adenhart
  • Drunk Driving
  • Crime

Comments (34)

henrygattis says:

This is a tragedy all around.

But it's curious how the DA did not want this info released.

The Fullerton Cops and Angels PR, have been cautious from the moment that the cars smashed, about this subject. But in the Red Sox hotel that weekend, a smart Boston newsman asked "What the fuck were they doing out at three in the morning if they were'nt drinking?" He added "who the fuck line dances sober?" To which I add or drunk.

Posted On: Wednesday, Jun. 10 2009 @ 6:11PM
AJ says:

henrygattis, it was around midnight, not 3am.

Posted On: Wednesday, Jun. 10 2009 @ 8:22PM
AJ says:

and I saw plenty of people line dancing sober at the Strawberry Festival.

Posted On: Wednesday, Jun. 10 2009 @ 8:25PM
Jonathan says:

Great reporting, Nick. Nice job.

Jonathan

Posted On: Wednesday, Jun. 10 2009 @ 8:46PM
Sharon says:

Nick - good work. I asked for the blood levels of both drivers back when the accident happened and couldn't get the numbers from anyone. Did you get the actual numbers for Gallo? The three times legal limit repeated over and over bothers me. Also, would it be more accurate to use the Peripheral Blood level of .06% instead of the postmortem blood level?

Posted On: Wednesday, Jun. 10 2009 @ 10:31PM
Jason says:

Gallo's alcohol level was three times the legal limit while the other driver's was 16 times the legal limit (being that she was underage). Now you tell me who should be responsible for this tragic incident. Both, yes.

Posted On: Wednesday, Jun. 10 2009 @ 11:08PM
joel beers says:

Great reporting, nick. One question: what is the difference between peripheral blood level and postmorterm blood level? I happened to run into a Channel 9 camera man ho was posting up in downtown Fullerton this afternoon and asked him what he was there for. He said his reporter was interviewing Gallo's attorney and said the D.A. was claiming that Stewart had consumed the alcohol right before leaving the bar, so there was no way to determine if she was actually under the influence. As a bartender (and quite accomplished drinker) I'd say that's bullshit: by the time you drink enough to have a .16 bac you're blitzed, especially a 20-year-old woman.
Every other media outlet--using the a.p. story--is saying she had a .06.
Any light you can shed on this?
And I also can't help but wonder if the blood-vengeance so many people have toward Gallo (like the idiots threatening his family after this horrible accident) has more than a little to do with his race, and the rush to not even remotely consider the alcohol limit of Stewart has more than a little to do with the fact she was a drop-dead gorgeous American beauty?

Posted On: Thursday, Jun. 11 2009 @ 12:18AM
kimba says:

What difference does it make if she was drinking? Gallo was the one who was drunk enough to run a red light and CAUSE the accident, not Stewart. Drunk or sober, those three were killed because Gallo (whose race I don't know and don't care by the way Joel) was drunk driving again and on a suspended license. He shouldn't have been driving at all. It wasn't just a "traffic infraction" - he ran the light because he was drunk. I can't for the life of me see how the fact that she was drinking mitigates what he did. And also, I don't care if she was a "blonde beauty" and Adenhart was an Angel's pitcher -I'm a heterosexual woman and I don't care about baseball.

Posted On: Thursday, Jun. 11 2009 @ 8:09AM
BUCKFUSH says:

It makes a big difference,who says she couldnt of killed someone herself.Like i say...it is better for a DRUNK to kill a DRUNK than a completely innocent person !! It would have been better if ONLY STEWART was driving......

Posted On: Thursday, Jun. 11 2009 @ 8:39AM
joel beers says:

I'm not saying she's culpable at all and that Gallo didn't cause the accident. But this guy's life is basically over and every single fact in the case should be presented before he's incarcerated the rest of his life. And, sorry, but though Kimba might be unaffected by race and gender in terms of this terrible incident, the rank and file certainly aren't. The internet message boards erupted with racial bias after Gallo's identity was released. It seemed to dovetail perfectly with many an ignoramanous' view that "Mexicans" are all lawless criminals. Maybe it helps them wrap their feeble minds around a horrible event, I don't know.

Posted On: Thursday, Jun. 11 2009 @ 12:59PM
jobeers says:

It makes a world of difference if you consider the hoaried, antiquated notion that in order to be convicted of murder, a jury is asked to convict beyond a reasonable doubt.
And Gallo's race is also a factor in the court of public opinion's race to crucify him. He had the temerity to drunkenly plow into a professional baseball pitcher and a gorgeous female college student, both of whom had nothing but promise ahead of them, while he, if you listened to the internet buzz after his identification, was just another "drunk, crazy Mexican."
I'm not exonerating him or vilifying Stewart in either way. But the facts need to be stated, and the D.A.'s insistence that her bac is not relevant seems very suspect to me.

Posted On: Thursday, Jun. 11 2009 @ 1:29PM
benzfun says:

I guess had she been 21 she would have been a better driver with a blood alcohol of .06. OC WEEKLY where is the time line of the events that night, here let me break it down for everyone.
All but Adenhart left the stadium and went to Stewarts apartment and waited for Nick. Henry texted someone at 10:11 as they left the stadium. Nick reportedly arrived to Stewarts apt at 11:45, they ate chips and salsa and drank water according to 3 of Stewarts roomates who were home at the time. These 3 witness the 4 leave in Stewarts car just after midnight. The crash occurred at 12:20, either they had been drinking at the apartment or they stopped and pounded in the parking lot of a liquor store in the area but no evidence or witness has come forward to prove that theory.

It is likely the booze were purchased by the boys in her vehicle on the way to her place from the stadium or after midnight but before the crash? I guess the blood alcohol of her passengers is irrelavrent but it would shed light on who provided her the drinksl. The contents of alcohol in her stomach is prior to being broke down an absorbed into the blood stream, if the body hasn't absorbed the ethanol its not yet mesaurable so maybe its not impaired you either.

Once her heart stopped the fluids internally sort of begin to drip into places they arent normally found. Just like water in a tube will dribble out of a hose once the facet is shut off. Once the heart stops the body begins releasing its bowels, bladder, and the contents from the stomach start contaminating the blood. Stewart legally was not old enough to drink, drinking did not make her a bad driver just means she was breaking a law. If you dont get caught you usually dont learn a lesson, in hindsight I bet a DUI would have made an impact on Stewart. Unfortunately Stewart will be Gallo's lucky break in this tragedy, maybe some of you bleeding heart should write Gallo in jail and tell him how sorry you are he is being tried for murder. After all he is 21, had he not been on probation, suspended license, twice the legal limit, and fled the scene he could have been the real victim here. Just a thought but why not give Gallo a job reporting to you at the weekly about life behind bars.

After all is this reporter the Nicholas Schou convicted of jay walking then FTA on it twice. I see you pulled some strings, its who you know that really counts not what you did.

Having run the names of OCW staff I notice most all have been cited for speeding or share names with someone who has, same goes for 1 that had pled guilty to drunk driving in 2000. To be fair here is Stewarts, on 6-5 they had a hold put on her license.

Case Stage: Filed with court Release Status: Conditional Release DMV Hold: Y
Charging Document: Citation Mandatory Appearance: N

Posted On: Thursday, Jun. 11 2009 @ 1:53PM
Gustavo Arellano says:

Nick: The Reg cited us only to point out that you supposedly made a mistake with the blood-alcohol level of Stewart, and they were only able to do that because the DA talked. Methinks the DA got angry and went to the Reg to spite us!

Benzfun: What the hell are you rambling about?

Posted On: Thursday, Jun. 11 2009 @ 2:05PM
Nicholas Schou says:

Benzfun,

You got me: I jaywalked in Huntington Beach near Beach and Adams to get to a sushi restaurant. I lost my ticket, then totally forgot about it until about four years later, when I was showing an intern how do what you just did--find out who has warrants out on them, etc--and used my own name as an example. Well, needless to say, I hopped on down to West Court and pleaded guilty to jaywalking and failure to appear. Not sure what you mean about pulling strings, since I had to pay about $400 in fines. But I sure did learn a valuable lesson!

Posted On: Thursday, Jun. 11 2009 @ 2:40PM
Gjessum says:

Any truth to the often cited rumor that Stewart and co. were at a local country western bar before the accident? If not, where did that rumor come from? If so, I would imagine a bartender and a certain business are defecating in their pants right about now. IF the family of the surviving victim in Stewart's car plan to pursue a civil suit against STewart's family, they could also go after any bar that served her, and maybe even the estates or family's of the adults in the car that furnished her the booze.
An unfortunate postscript in a story that has killed three people, tramautized so many families, and irreparably damaged at least two other people's lives.
Lesson for ALL of us: don't drink and drive. FUllerton cops are absolute fucking pricks, MADD is a vengeful organization and the courts would just as soon hang a person who's had a beer behind the wheel as look at them; unfortunately, when awful horrible stuff like this happens it justifies the dui hysteria and makes those fucking pigs feel more entitled to trap, ensnare and fuck with anyone who commits the highly immoral crime of drinking a bud light and then driving home.

Posted On: Thursday, Jun. 11 2009 @ 3:32PM
been there says:

Well, this does change things, doesn't it?. In legal-speak, it is called "contributory negligence". If this case were turned around 180 degrees, and Gallo was killed by Stewart, an underage drunk driver, with of-age men in her car who most likely provided her the alcohol, where would the outrage be? Don't get me wrong, I cried when this story broke, because I was in Gallo's shoes two years ago, but did not have the tragic and deadly outcome. I committed the same actions without the same result. But name-calling and finger-pointing is not going to reduce this issue. She was drunk, the charges will probably be reduced to a manslaughter, and he will serve somewhere in the 20-30 year range and be eligible for parole in 15-20 years.

Posted On: Thursday, Jun. 11 2009 @ 3:42PM
Curious says:

I must say something doesn't add up that you come from Anaheim stadium, drive all the way to Diamond Bar and drive right back to the border of Anaheim/Fullerton.....of course, as always, I must add- does not make it Stewart's fault at all but it would be nice if we could get the truth. We only seem to get the truth when a wealthy family is not involved, I am very sorry to say.

Posted On: Thursday, Jun. 11 2009 @ 6:25PM
MIke says:

The reason Stewart's license is on hold is because she was cited for speeding just before the accident. Now, the system has her for not paying the fine or going to court. Although she is dead, DMV will probably keep sending notices to the last addressed.

Now.. in the criminal case, Stewart's BAC would probably not have that much of an impact because Gallo ran the red light. In the civil trail, the damages to be rewarded to Stewart's family is just dropped significantly.

Does not matter if the family wanted this public or not. It is public record.

Now, I could see Jon Wilhite being charged with allowing Stewart to drink. If he was in the presence of her drinking, he committed a crime.

Posted On: Thursday, Jun. 11 2009 @ 6:27PM
Robyn (Carlsbad, CA) says:

I really don't think it matters that Stewart had been drinking. Sure it was wrong but it doesn't change the fact that Gallo ran a red light and killed three people. He is guilty of murder.

Posted On: Thursday, Jun. 11 2009 @ 6:36PM
Pleaaaase. says:

Puhleeze, John Wilhite would not be charged! He had an internal decapitation. Not going to happen, sir.

Posted On: Thursday, Jun. 11 2009 @ 6:53PM
Cesar says:

Bottom line is this: It ain't just us wabs that drink and drive: Fuckin crackers do it just as much if not more! If you don't believe me just look at the disproportionate statistics. Yeah, Gallo is the fucked wab in this case but little Miss All America, well, she ain't looking so perfect now, right?. As for the the dead pitcher, why the fuck wasn't he more careful when he got into a car with an underaged drinker? Where the fuck was extortionist extraordinarire Scott Boras and his advice to his young arm of a bank account? Reality is that athletes and celebs alike are just human like the rest of us albeit with more zeroes in their checking accounts. Lives were lost tragically but the next cracker that yells out some stereotypical crap about Mejicanos being the quissential drunk drivers, your pinchi anglo-sangron nalga is mine! Stay the fuck away from my propensity to drink and drive.

Posted On: Thursday, Jun. 11 2009 @ 7:35PM
Gustavo Arellano says:

Benzfun: You forgot to mention I'm charged in international courts with conspiracy to incite desmadre!

Posted On: Friday, Jun. 12 2009 @ 6:38AM
Mike says:

Yes. It is possible for John Wilhite to be cited. Look up California Business And Professions Code Section 25658. I use this to cite everybody over 21 at parties where those under 21 are drinking.

I have even cited someone on a hospital bed for the same.

Whether it happens in this case, I do not know. If him, Nick and Henry were drinking and passed a bottle or cup of alcohol to Courtney, the crime has been committed.

Posted On: Friday, Jun. 12 2009 @ 7:42AM
henrygattis says:

I saw the LAT had a whopping hundred and sixty words on this burried on page 12 or something.

Sounds like Kang got to them too!

This is EXCELLENT REPORTING. What you would come to expect from OCW.

Posted On: Friday, Jun. 12 2009 @ 7:47AM
ollie says:

Everyone that thinks Gallo should be hung keeps saying that Gallo ran a red light - there is no evidence that he ran a red light other than everyone drawing that inference after this all came out because we only knew that he had been drinking not her. No one saw him run a red light. Now that we know both were drinking, who ran the red light is an even more interesting question.

Posted On: Friday, Jun. 12 2009 @ 4:24PM
Ray Jackson says:

I had to slow down to keep a safe distance from the person driving erratically two cars ahead. My passenger and i agreed that this idiot was probably going to kill someone, as well as themselves.Seconds later this idiot,Courtney Stewart, collided with another member of her elite set,killing herself and two other people. I'm curious to know if her mother is now more forgiving of the man driving the other vehicle now that we know,beyond my own eyewitnessing, her daughter was an equal party in this tragic incident.

Posted On: Saturday, Jun. 13 2009 @ 3:01PM
Anonymous says:

I don't think it matters that Courtney had a BAC of .06, because it was Gallo that had a previous DUI, suspended license, was drunk the night of the accident, and CAUSED the accident. I'm not condoning Courtney's behavior at all, but she can't defend herself - she's dead along with two other people! Gallo should have learned his lesson from the first DUI, and then maybe three more people would be alive today. Come on people, just because Adenhart is an athlete and Courtney is "beautiful" doesn't mean they deserved to die - even if they had broken the law. Let's get real!

Posted On: Saturday, Jun. 13 2009 @ 7:28PM
Ray Jackson says:

if she wouldn't have died that night there's a good chance she would have been defending herself in court someday.if she deserved to die it wasn't because she was beautiful,anonymous, it was because she put innocent people in harms way.if she had lived she might have wished she were dead because she'd be facing the same charges! and since dui charges involving death bring harsher sentences then a child molester gets,then we can rejoice in knowing that someone considered more evil than a pedophile in the eyes of the law is no longer a danger to society! Go justice!!!

Posted On: Sunday, Jun. 14 2009 @ 4:36AM
Ray Jackson says:

anyone need a babysitter?

Posted On: Sunday, Jun. 14 2009 @ 4:38AM
Jay says:

Ollie, you need to check your facts before you post them.

http://www.ocregister.com/articles/cave-vehicle-fullerton-2358886-lemon-orangethorpe

"Witnesses told police the minivan ran a red light and crashed into the Mitsubishi"

Posted On: Monday, Jun. 15 2009 @ 8:18AM
Buena Park Guy says:

He will do 5year for manslaughter. The legal system is not always fair. The common theme I have witnessed, is the fact he is mexican he is scum. The guy made some very poor decisions that night. Because of his actions people died. BUt now we need to consider the female driver. She was obviously impaired. Did she run the intersection. Did her judgement affect her ability to stop seeing Gallo run through intersection. There is alot of things that need to be considered. To argue for murder charges bc he is mexican is not a reason. Legal system is not always fair.
They need to move that case to another county, no way this guy gets a fair trial in fullerton.

Posted On: Monday, Jun. 15 2009 @ 2:08PM
Ninja says:

BP Guy,

Who said anything about him deserving murder charges for being Mexican?

If anything, I'd say he desrves murder charges because he has a prior DUI and was driving drunk with a suspended license. I can see making one mistake and getting nailed with a DUI for it, but to drive more than twice the legal limit when your license is already suspended says that this guy was doing a lot worse than simply making "poor decisions."

But I don't see where you come off saying that his race has anything to do with anything.

Posted On: Monday, Jun. 15 2009 @ 3:41PM
JKJK says:

Curious, It adds up better than you think. I went to school with courtney at Cal State Fullerton. She had an apartment just down the street from the school meaning she was already near the scene of the accident making timing not too much of an issue. Now im wondering if she was heading to incahoots or leaving it because I 100% assure you thats where she was going or coming from. Its tragic what happened to all parties involved but i did kinda think she had to have been drinking too when i first heard about the accident. I dont think this makes her more responsible for the accident because at .06 you are still coherent enough to legally drive (if youre over 21 of course) so therefore she would likely be coherent enough to drive safely. Obviously she broke the law for drinking underage but she didnt deserve to die for that. I wonder what she said right as she saw the driver about to hit her. Seeing as he was mexican im sure she had something nasty to say. She once called my roommate a dirty mexican. I still no matter what don't think she deserved to die and I feel for her family. Her mom was the most depressing sight at her funeral!

Posted On: Wednesday, Jul. 15 2009 @ 3:31PM
jkjk says:

I want to retract my previous comment. It doesnt matter what she called my roommate she was a nice and fun girl and as i stated before did not deserve to die!

Posted On: Monday, Dec. 14 2009 @ 11:48PM

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