The Orange County Register reports that a trial date has been set in the Watson murder case against Andrew Gallo, the already twice convicted drunk driver accused of blowing through a red light in a minivan and crashing into and killing Los Angeles Angels pitcher Nick Adenhart, Courtney Frances Stewart and Henry Pearson on April 9.
Orange County Superior Court Judge Richard Toohey scheduled the murder trial to begin on November 9 with a pre-trial conference set for September 11. If convicted on all counts, Gallo faces a maximum sentence of 54 years, 8 months to life in prison for the deadly hit and run DUI crash.
Gallo’s prior DUI conviction makes it possible to prosecute him for murder pursuant to the “Watson Murder Rule”. A “Watson Murder” is named for the case People v. Watson which prosecuted a multiple DUI offender with second degree murder under the premise of “implied malice”. “Implied Malice” second degree murder is best summed up as follows: “I know what I am doing is dangerous to human life, but I don’t care, I am going to do it anyway!”
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