Driver convicted of murder in crash that killed Angels' Nick Adenhart, 2 others

Andrew Thomas Gallo, 23, was found guilty of murder Monday in connection with the DUI crash that killed Angels pitcher Nick Adenhart and two others.

The April 9, 2009, death of Adenhart just hours after he made his first start of the season for the Angels, pitching six scoreless innings, shocked baseball fans and non-fans alike.

Courtney Stewart, a student and former cheerleader at Cal State Fullerton, and Henry Pearson, a 25-year-old law school student who was building a sports management business, were also killed in the crash.

Gallo had been convicted of driving under the influence three years before the crash and was still on probation when it happened.

When his blood-alcohol level was tested a couple of hours after the crash, it was 0.19%, more than twice the legal limit for driving, officials said.

Gallo was found guilty of three counts of second-degree murder, felony DUI and felony hit-and-run. He faces a sentence of 55 years to life in prison.

Jon Wilhite, 24, of Manhattan Beach survived the crash but sustained major injuries. Gallo's stepbrother, Raymond Rivera, broke his nose and wrist in the collision.

At the time of the crash, Gallo was 22 and a recovering alcoholic who had tried twice before to overcome his addiction, his attorney, Jacquline Goodman, said during the trial.

He always made sure he had a designated driver, and in the hours before the crash it was Rivera, his designated driver, who pushed him to drink, she said.

When the crash happened, Goodman argued, Gallo and Rivera were so intoxicated that it is possible Rivera was actually the driver. She conceded that it was unlikely and said Gallo didn't want her to argue the point.

But in the end, she said, even if Gallo was driving, he is not what people have in mind when they think of a murderer. He is a young man with bad judgment who is now caught in a tragic situation, she said.

"Use your common sense," she said. "Is it murder?"

For prosecutors, the answer was clear, noting his prior conviction for driving under the influence. He had been warned of the dangers of drinking and driving by a court, by friends and by family, they said.

During the trial, Orange County Deputy Dist. Atty. Susan Price showed video of Gallo and his stepbrother drinking heavily in a West Covina bikini bar before the crash.

-- Paloma Esquivel in Santa Ana

Photo: Nick Adenhart. Credit: Los Angeles Times

Comments

[cisco kid]

No matter what society does to attempt to curb drunk driving,thousands still do it every day and a few are caught and a smaller percentage injure or kill someone.
This effort has failed.
What is needed is a school for drunk driving which includes a full bar,driving simulators,instructors and maybe even a (well barricaded) driving course.
Sure,mandatory jail time etc.but also make them learn HOW to drive drunk.
I spent years doing so and never even got close to causing a wreck.It's real fun too,driving around after drinking all day.I quit years ago. But when I used to drive drunk I knew how to avoid trouble and drive OK.Others should learn this skill too.
It sounds wacky and I'm sure I'll be blasted by critics but it would actually save hundreds of lives and so has plenty of merit.
But of course it would never actually happen.

[aces928]

It's too bad we can't just take him out and have him shot. It would bring closure to this whole nightmare and save society from taking care of him for the next 60 years or so.

[DivineDee]

When will these people stop DRINKING AND DRIVING??????????? WHEN????????? When they are sober they talk about how awful drinking and driving is...but they still go out and do it. I cant understand why people just cant go out..have dinner and an ice tea!! Why does alcohol have to define your night out?????? No..I dont drink...never have...never will...am just not interested in that. I can go to dinner...have a soda and have A GREAT TIME...I dont need alcohol to fuel the fun. These ignorant people have GOT TO WAKE UP. If you have to drink...GET A DESIGNATED DRIVER...plain and simple...if you cant find anyone STAY HOME!!!!!!! It is just unreal that this had to happen and its GOING TO KEEP ON HAPPENING..again and again and again. These people did not have to lose THEIR LIFE....it is such a tragedy. They are out driving home and blam...some idiot hits them. It breaks my heart. I feel sorry for the victims and the guy who hit them...his family is also destroyed and he in a sense lost his life to....but IT DID NOT HAVE TO HAPPEN. Please, Please, Please...if you know anyone who continually drinks and drives PLEASE STEP UP AND DO SOMETHING ABOUT IT...IT IS NOT COOL TO DRINK AND DRIVE.... AND YOU LOOK LIKE AN IDIOT WHEN YOU GET SO INTOXICATED. IT IS NOT ATTRACTIVE AND YOU COULD HURT OR KILL SOMEONE. Stop the insanity of all this drinking!!!!!

[CastanedaHuanusco]

Unbelievable.... 55 years to life ?
This was REVENGE,NOT justice.

[DG3]

The very first sip of alcohol was the premeditation. He could've and should've stopped right there.

[LAAndre]

I am sure these three fellows looking down from Heaven feel 55 years is way too harsh. Our society is going to hell in a handbasket.

[CaliHATER]

So, are Andrew Thomas Gallo, 23, and Raymond Rivera, legal residents or illegal aliens?

Since the State of California and the L A Times so adamantly advocates "sanctuary" for illegal aliens (mostly latino), I feel it necessary to question the immigration status of all California residents who are not identified or who have foreign sounding names. I will have no reason to continue this practice when the State of California and the L A Times begins to advocate upholding the laws of this country.

[Blithe]

@Steve: What else would you have the attorney do? The lawyer is being paid to represent the client. If you were the client, would you pay to see you lawyer roll over on your case? Lawyers have a duty to "zealously represent" their client. Anything less and they could be disciplined.

Your comment only goes to show how little you know about what goes on in a courtroom. Contrary to your beliefs, lawyers in general do have good common sense. It's that clients always want to twist that into something else for their own interests.

[Sweet]

Kelly Davenport, you are a FOOL. Everyone who says they don't drink and drive is a hypocrite? What planet do you live on? Seriously. Apparently, you drink and drive. So you have the same propensity to MURDER innocent people because of it...no wonder you have no backbone about this. I pray you are stopped before you murder someone, and if you do, have fun rotting in jail where you will belong just like this creep.

[Adam]

Its not involuntary manslaughter because when someone gets a first DUI, they are forced to sign a document that acknowledges they know the dangers of driving drunk and if they drive drunk again and kill someone, it will be a murder charge and not manslaughter.

[A Drunk Driver Killed my Brother]

I appreciate all the support against drinking and driving. My brother was just 30. He walking his girlfriend to her car when they were hit by a 6 foot 4, 24 year old 3 times over the limit. He pushed her out of the way and took the full impact. Do you know How much time the driver got? 16 months! 16 MONTHS FOR MURDER! Sadly this man will not get the full 55 year sentence. Do not fool yourself. The jails are packed with inmates and the county sheriff has to make hard decisions.

I ask all of you, if you really feel that strongly, why are you not part of organizations like Mothers Against Drunk Driving (MADD)? Have any of you written a congressperson asking for mandatory manslaughter charges filed against DUI related fatalities? Condemnation without action are just empty words. Just ask my brother!

[Cyndy Greger]

to Joe who wrote "Not to excuse Gallo's behavior but why he is getting a longer sentence then the couple who ran over the USC student and then dumped his body in the street and drove away?"

I don't remember what those people got, but they killed one person. Certainly, that is one too many, but this jerk killed more !! It ss all bad, but 3 or 4 dead must warrant a longer sentence, since more families are involved and there is more pain/suffereing on the part of the murdered victims.

[Tom Coleman]

How can you feel sorry for someone that has been warned before, and is on probation as well.....He deserves what he gets, and the poor familys of the victims, what do they get ??? There is no justice here !!!!!! Just alot of pain and suffering for a long long time...

[Noemi]

omg this story is so sad. I feel very bad for the for baseball player and firends who pass away ..Its just sad , I also very bad for gallos family they also lost his son forever because he is now going to do 50-life all because of drunking and Im not going to lie I have drove drunk before . But after seeing this story I will never drink and driving agian . I would hate for this to happen to me . I would rather die .

[Logan Marcus]

Although 55 years to life is a good sentence, but he's lucky I wasn't on the jury, I would have asked for the death penalty! I realize I can't sit on a trail of this nature, I lost fiancee and unborn child and two friends when a drunk driver slammed int0 them at 60-65 mph. I was 17 at the time and this was 1987 and I'm 40 now so anyone can see where I stand on the issue.

[mike l]

so sad to see this happen to such a young man. his life is practicly ruined IF HE DOES HIS TIME. he will be 73 or so yrs old. how sad how he had been convicted before of dui. unfortunately, i have little or no pity for him as he knew what the possible consequences could and would be. he has also ruined the lives of nick and the other deseased families for ever. i truly hope he does every minute, and second of his conviction. true, it won't bring them back but at least or hope, a lesson here is learned for other tough guys who want to drink and drive. i myself enjoy a beer or so now and then but, never have i gone and took a chance on hurting or even killing some poor body. god bless the people involved.

[Lerro]

There is no excuse for having a Driver's License and not knowing how to drive. There needs to be harsher senteces handed down for improper lane change, running stop signs, and speeding, as well as illegal left-hand turns across traffic. There is nothing sacred about busting a drunk driver. All traffic violaters should go to prison or spend several weeks in court proving that they know how to drive.