Should a Drunk Driver Who Killed in an Auto Accident be Charged with Murder?

The trial of Andrew Gallo is beginning this week in California. Gallo, 23, is the man who caused the accident which killed Angels pitcher, Nick Adenhart, along with two other people. Along with the obvious DUI charges, the California prosecutor has charged Gallo with three counts of second degree murder. It is uncommon for a drunk driver to be charged with murder rather than vehicular manslaughter, manslaughter, or other lesser offenses. The reason it is uncommon is because murder is an “intent” crime meaning that the death of the other person was not accidental but was instead an intended result. Drunk drivers, rarely if ever, intend to kill even though they are aware that it is a danger if they drive drunk.

But prosecutors are playing it tough with Gallo. Their stance may be due to the publicity of the case because Gallo killed a major league baseball player, but prosecutors also point to the fact that at the time of the accident Gallo’s blood alcohol level was three times the legal limit. Also, Gallo is not a first time offender. Gallo was arrested for DUI in 2006 and signed papers indicating that he was aware that he could kill someone if he drives drunk.

Prosecutors in Orange County have been actively pursuing murder charges in cases like this rather than manslaughter. As the crackdown on drunk driving continues across the Country it is important to watch decisions like this. A jury is never sympathetic to a drunk driver and most of the public, even though not based on legal grounds, believe that a drunk driver who kills should in fact be charged with murder.


If you have been arrested for DUI whether involved in an accident or simply pulled over, my office is experienced and able to help mount a defense. Contact my office right away for a free consultation.