SANTA ANA, Calif., April 10, 2009

Murder, DUI Charges In Death Of MLB Player

Driver Could Get Life In Prison For Hit-And-Run Crash That Killed Angels Pitcher Nick Adenhart

    • This undated photo provided Friday, April 10, 2009 by the Orange County District Attorney shows Andrew Thomas Gallo, 22, from San Gabriel, Calif. Gallo has been charged with three felony counts of murder and several other charges in connection with the crash early Thursday morning that killed Angels pitcher Nick Adenhart and two other people.

      This undated photo provided Friday, April 10, 2009 by the Orange County District Attorney shows Andrew Thomas Gallo, 22, from San Gabriel, Calif. Gallo has been charged with three felony counts of murder and several other charges in connection with the crash early Thursday morning that killed Angels pitcher Nick Adenhart and two other people.  (AP Photo/Orange County D.A.)

    • Los Angeles Angels pitcher Nick Adenhart was killed in a DUI car crash just after midnight April 9, 2009, hours afterr appearing as the starting pitcher in a home game against Oakland. A man has been charged with murder and DUI in connection with the crash.

      Los Angeles Angels pitcher Nick Adenhart was killed in a DUI car crash just after midnight April 9, 2009, hours afterr appearing as the starting pitcher in a home game against Oakland. A man has been charged with murder and DUI in connection with the crash.  (AP Photo/Mark J. Terril)

    • Investigators work at the scene of a fatal car crash that killed three people Thursday, April 9, 2009, including Angels' starting pitcher Nick Adenhart.

      Investigators work at the scene of a fatal car crash that killed three people Thursday, April 9, 2009, including Angels' starting pitcher Nick Adenhart.  (AP Photo/Orange County Register)

    • Baseball fans gather outside a makeshift memorial for Los Angeles Angels rookie pitcher Nick Adenhart outside of Angel Stadium in Anaheim, Calif., Friday, April 10, 2009. Adenhart and two other people were killed early Thursday in an auto accident in Fullerton, Calif., just hours after Adenhart pitched in his season debut.

      Baseball fans gather outside a makeshift memorial for Los Angeles Angels rookie pitcher Nick Adenhart outside of Angel Stadium in Anaheim, Calif., Friday, April 10, 2009. Adenhart and two other people were killed early Thursday in an auto accident in Fullerton, Calif., just hours after Adenhart pitched in his season debut.  (AP Photo/Chris Pizzello)

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(CBS/AP)  A 22-year-old man was charged with three murder counts and drunken driving Friday in the crash that killed Los Angeles Angels rookie pitcher Nick Adenhart and two others.

Andrew Thomas Gallo ran a red light in his minivan early Thursday and broadsided a car carrying Adenhart and three friends, police said.

"At the time of the crash, Mr. Gallo's blood-alcohol content is estimated to be almost three times the legal limit," Orange County District Attorney Tony Rackauckas said.

Gallo could receive almost 55 years to life in prison if convicted of all charges, Rackauckas said.

Adenhart died at a hospital, hours after pitching six scoreless innings in his season debut against Oakland. He was to be remembered before the start of Friday night's Angels game against the Boston Red Sox.

"This Angel and his two friends were too young to be sent to heaven but the defendant selfishly and recklessly (got) behind the wheel after getting drunk. They didn't have a choice. Bad decision, blink of an eye, five lives ended, including the defendant's life is wrecked," Rackauckas said at a news conference.

Gallo will likely be assigned a public defender at his first court appearance, scheduled for Monday.

Gallo also was charged with driving under the influence causing injury, and driving with a blood-alcohol level over .08 percent causing injury with a sentencing enhancement that he personally inflicted great bodily injury. In addition, he was charged with fleeing the scene of a traffic accident causing death or injury.

Fullerton police Lt. Kevin Hamilton said homicide detectives interviewed Gallo for nearly four hours Thursday. "There was a lot to talk about," Hamilton said, without disclosing details.

Police initially said Gallo lived in Riverside based on the address listed on his driver's license. Gallo, however, gave police an address in San Gabriel when he was booked and officers were investigating that location Friday.

Local Video from CBS 2 / KCAL 9 in Los Angeles



Local Video from CBS 2 / KCAL 9 in Los Angeles



After Wednesday night's game at Angel Stadium in Anaheim, Adenhart went out with his friends. They were driving through neighboring Fullerton when their car was hit at an intersection.

Henry Pearson of Manhattan Beach, a 25-year-old passenger in the car, and the driver, 20-year-old Courtney Stewart of Diamond Bar, were pronounced dead at the scene.

Another passenger, 24-year-old Jon Wilhite of Manhattan Beach, remained in critical but stable condition Friday and doctors believe he will survive, said John Murray, a spokesman for UC Irvine Medical Center. Wilhite was being medically sedated, Murray said.

According to court records reviewed by The Associated Press, Gallo pleaded guilty to drunken driving in 2006 in San Bernardino. He was sentenced to two days in jail, three years of probation, a $1,374 fine and a four-month alcohol treatment program, court records show. He didn't serve any jail time, however, because he received credit for time served.

A judge also restricted his driving privileges for three months, allowing him to commute only to and from work and his treatment program.

Quote

At the time of the crash, Mr. Gallo's blood-alcohol content is estimated to be almost three times the legal limit.

Tony Rackauckas
Orange County District Attorney
The district attorney, however, said Gallo's license had been suspended since 2006. Assistant District Attorney David Linden Brent said it was not unusual for the California Department of Motor Vehicles to issue a stricter suspension after an administrative hearing.

Court records show Gallo violated some terms of his probation, causing it to be extended by a year, to 2010.

San Bernardino County Deputy Public Defender Maria LaCorte, who represented Gallo in the 2006 drunken driving case, did not immediately return a call for comment Friday.

Hamilton said Gallo was arrested for public intoxication in March 2007 and convicted of disturbing the peace in January.

Court records show Gallo pleaded guilty to possession of less than one ounce of marijuana in April 2007, and was convicted of failure to wear a seat belt in 2006. He also had a minor driving infraction several years ago, court records show.

Adenhart " summoned his father the day before and he said, 'You better come here because something special's gonna happen,'" Adenhart's agent, Scott Boras, said of his pitching outing the night of his death.

After the game, "He was so elated...he felt like a major leaguer," Boras said, weeping.

Adenhart struggled with a 9.00 ERA in three starts with the Angels last season, but Angels manager Mike Scioscia said last month the pitcher had worked hard over the winter and arrived at spring training with a purpose.

Adenhart is survived by his parents, Jim and Janet.

"He lived his dream and was blessed to be part of an organization comprised of such warm, caring, and compassionate people," the family said in a statement issued through the team.

© MMIX, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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by bigmo47 April 13, 2009 1:10 PM EDT
Sad this guy Killed someone else and my condolences to the family. Its funny how this guys alcohol limit was announced so fast and that athelete that hit and killed a person was held back a few weeks...how on earth and why does it take that long...sport figure with money paused his guilt?
Posted by start99 at 7:59 AM : Apr 11, 2009

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I agree that the rich and famous do get a lot of slack fom the criminal jusice system. However, I think the reason the timing of the results is different in this case is the BAC given here is considered an estimate which was probably done by breathalyzer. Although they are used in for many DUI convictions, breathalyzers are routinely challenged in court for their history of innacuracy. For For DUI related assaults and murders, more accurate testingis preferred. Blood tests are the much more accurate way of determining BAC, so the official results of Gallo's BAC will probably take just as long as Stallworth's.
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by ThisIsTheEndd April 13, 2009 1:03 PM EDT
I wish America would handle death penalty cases the same way they do in China. Once a criminal is convicted, they have to be sentenced and the execution completed within a year. And we really should have our executions be public the way they were in the Old West.
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by honestabe8 April 13, 2009 10:38 AM EDT
GGA: I, too, blame alcohol. Legalize marijuana and these occurances largely disappear
Reply to this comment
by Dgunner April 13, 2009 9:08 AM EDT
dmw1167. MAKE SURE IT IS BOW SEASON, MUCH QUIETER AND SLOWER.
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by BobbiSoxxs April 13, 2009 2:44 AM EDT
I believe that those who have suspended driver's license's should be fitted with and alcoholic ankle bracelet. Also anyone who lends them their car or sells them a car knowingly should be held responsible for the actions caused by the driver.
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by ocreader April 12, 2009 1:33 AM EDT
What is really unfortunate is the fact that this person (normally called a "loser", who could be redeemable) took out (3) most likely productive people! Yet, they will not have the chance to do something more positive in society and the rest of us get to pay for mister gallo! The sad part, is a judicial system that allows these people to continue living amongst us without being responsible for their actions!!!! Almost like judges, attorney's and the D. A.'s allow them to live their lives, knowing that something horrific is bound to happen again...kinda like "job-security"!!
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by speakinup April 12, 2009 12:05 AM EDT
It is a shame that the only reason Mr Gallo is being treated differently than others that kill while driving drunk is because he happened to hit a Angles pitcher.

They should all have to pay this price. For the most part they probably aren't usually bad people, and therefore shouldn't be foreced into the same system as other killers, but why can't we place them into a penal system of their own - their own society.
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by ianlou April 11, 2009 3:26 PM EDT
I say let him free and reward him for bringing to light the devil that is alcohol.
Posted by GGAllin666 at 6:37 AM : Apr 11, 2009

Sorry, I won't drink to that.
Reply to this comment
by carolhill814 April 11, 2009 3:01 PM EDT
You couldn't be more right but the thing is it could be stopped if the laws would just come down so hard on all of the people who do this horrible act. But it won't happen because the people that pass the laws have people in their families that are drunks and they wouldn't be hard on their own family members.

I am glad they will come down hard on this horrible man but they have to do the same thing to all of the drunks that do this same thing all over the United States and that is a fact.

These people are the same as weapons of mass destruction and that is a fact.
Reply to this comment
by erb0087 April 11, 2009 1:56 PM EDT
Drunk drivers are no better than terrorists.

Except that they kill many more Americans in a year than al Qaeda has in its whole history.
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