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On
July 16, 2003, at approximately at 1:46pm, Mr. George Weller drove his
1992 Buick Le Sabre to the Santa Monica Post Office located on 5th
Street just north of Arizona Avenue.
Mr. Weller pulled his vehicle alongside one of the roadside
mailboxes and deposited a letter into the mailbox.
Mr. Weller then returned to his position in the driver’s seat
and then proceeded to drive approximately 260 feet and made a right
turn onto westbound Arizona Avenue.
A
2003 Mercedes Benz, being driven by a female, was stopped at the
intersection of Arizona Avenue and 4th Street.
The traffic signal had just turned green and she had pulled
forward preparing to make a right turn onto northbound 4th
Street. She had begun her
turn, but had stopped prior to entering the north crosswalk to allow
pedestrians to cross 4th Street.
As the Buick approached the rear of the Mercedes, one of the
witnesses observed the Buick to slow.
The
Buick did not stop and its right front bumper impacted the left rear
of the Mercedes. The
collision was a low speed impact, and both vehicles sustained only
minor damage. Many of the
witnesses in the vicinity of the intersection of 4th Street
and Arizona Avenue observed (heard) the Buick begin to accelerate upon
or immediately after impact with the rear of the Mercedes.
After
the collision, the Buick continued to push the Mercedes out of the way
and partially into the crosswalk.
After breaking contact with the Mercedes, the Buick accelerated
rapidly towards the Farmers Market over a distance of 245 feet where
it struck a pedestrian standing on crutches near the “Road Closed”
sign. That pedestrian was thrown a distance of approximately 60
feet.
The
Buick continued on through a collision scene almost 1,000 feet in
length. There are no
witness reports of brake light illumination as the vehicle came to a
stop. The vehicle slowed and came to a stop as a result of rolling
friction and objects trapped beneath car, including the body of a
pedestrian, the final fatality. In
that fateful 1000 feet, over 100 separate collisions occurred.
Within that number 63 persons were injured and 10 persons were
killed. The fatalities
ranged from an infant to senior citizens.
The
Santa Monica Police and Fire Departments with assistance of over 50
public safety personnel from Culver City, Beverly Hills, Los Angeles
Sheriffs Department and California Highway Patrol managed the scene
and evacuated 63 injured persons to area hospitals.
The
investigation of incident has produced a document 917 pages in length.
After as thorough analysis of the environmental, vehicle and
human factors, the investigation has produced the following
conclusions:
Primary
Collision Factor: Violation
of California Penal Code 22350 – Unsafe Speed.
No
contributing vehicle or environmental factors.
Pedal
Misapplication provides the best explanation for acceleration of the
Buick upon impact with the Mercedes.
Mr.
Weller had medical conditions that included reduced mobility and is
considered a contributing factor.
Mr.
Weller was conscious through the collision sequence.
No
evidence exists that Mr. Weller attempted to take the car out of gear.
No
indication of braking throughout the collision sequence.
Buick
would have stopped if Mr. Weller applied the brakes.
We
are filing this case with Los Angeles County District Attorney seeking
a charge of Manslaughter. The
decision as to whether that charge, another charge or no charge at all
will be filed will in the discretion of the District Attorney.
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