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Andrew Gallo Gets 51 Years To Life For Killing Nick Adenhart

Andrew Gallo Sentenced

AMY TAXIN   12/22/10 10:50 PM ET   AP

SANTA ANA, Calif. — A construction worker who killed a promising rookie pitcher for the Los Angeles Angels and two other people in a horrific drunken driving crash said Wednesday he had all but ended his own life that night by getting behind the wheel after drinking.

Andrew Gallo, 24, acknowledged his deadly mistake to the grieving relatives of his victims and said he expected to spend the rest of his life behind bars before a judge sentenced him to 51 years to life in prison.

"I know whatever I say will not change anything or the way you think or feel about me," said Gallo, who faced the judge because he was not permitted to look at the courtroom audience.

"You're right. I am a horrible person, a drunk driver who took your beautiful kids away," he said.

Gallo was convicted in September of three counts of second-degree murder and single counts of drunken driving, hit-and-run driving, and driving under the influence of alcohol and causing great bodily injury.

Judge Richard F. Toohey gave Gallo 15 years to life on each of the murder counts and six additional years for the other crimes.

Prosecutors said Gallo, who was on parole for a felony DUI conviction, had a blood-alcohol level nearly three times the legal limit when he blew through a red light at 65 mph on April 9, 2009, and T-boned the car carrying pitcher Nick Adenhart and three friends.

Also killed were 20-year-old Courtney Stewart and 25-year-old Henry Pearson. A fourth passenger, Jon Wilhite had his spine separated from his skull by the impact and survived.

"Enjoy your life in that cage in which you belong, because you are no longer here on Earth," Wilhite said in a letter to Gallo that was read aloud in court. "I can assure you are headed to a much darker place."

Scores of people attended the hearing, including relatives of the victims who clutched giant, smiling photos of their loved ones. They pleaded with Toohey to sentence Gallo to life.

"I am hollow inside. I will never be the same," said Stewart's mother, Carrie Stewart-Dixon. "I pray to God every day to bring her back."

Adenhart's family sent a letter saying his parents hoped the sentence would bring some peace to their dead son, but justice could never be achieved.

"There is no balancing of the scales. There is no justice so long as Mr. Gallo is drawing breath," the letter said.

Prosecutors said Gallo drank beer and shots at three different bars with his stepbrother before driving off in the family minivan. Jurors saw a videotaped interview in which he told police he didn't remember driving that night and apologized to the victims' families.

Defense attorney Jacqueline Goodman had asked that Gallo be given just one sentence of 15 years to life, saying he never intended to hurt anybody.

"I don't think he should be treated like a cold-blooded killer," she said after the hearing. "I don't think he's irredeemable."

Orange County District Attorney Tony Rackauckas said his office has won 49 convictions for drunk driving homicides since 2008. With the holidays approaching, he urged residents to remember this case as they celebrate.

"There's just no good in this, there's just no good in this kind of thing anywhere," he said. "It's all tragic."

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SANTA ANA, Calif. — A construction worker who killed a promising rookie pitcher for the Los Angeles Angels and two other people in a horrific drunken driving crash said Wednesday he had all but ...
SANTA ANA, Calif. — A construction worker who killed a promising rookie pitcher for the Los Angeles Angels and two other people in a horrific drunken driving crash said Wednesday he had all but ...
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HUFFPOST SUPER USER
mukTech
Prince of Congo
08:34 PM on 12/25/2010
Sad all the way
06:59 PM on 12/25/2010
The penalty for drunk driving needs to go way up. First it needs to be made a first strike felony. Second first offenders should go to state prison for 3 years and pay a $10000 fine and lose their drivers license for 10 years. Also the bars that serve these people need to be held financially responsible if an accident happens
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HUFFPOST SUPER USER
Dr Confuso
Australian/American Broadcast veteran...
10:08 PM on 12/24/2010
Throw away the key.
08:22 PM on 12/24/2010
If it hadn't been a professional baseball player, he would've got 5 to 7. That's about all life is worth when it's a drunk driver. I've seen it over and over, and its sickening.

At least with murder you can have a motive, a reason, something to explain extinguishing another person's life (which is never acceptable anyway). With a drunk driver, it's just someone being stupid.
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07:12 PM on 12/24/2010
Drivers who kill people while "texting" or "sexting", etc. should get similar punishment.
I also don't have a lot of sympathy for oblivious pedestrians (always on the cell phs) and bikers that plow thru stop signs.
04:29 PM on 12/24/2010
Lot of people in this thread sound like they wanted to be behind the wheel.
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03:19 AM on 12/24/2010
"Andrew Gallo Gets 51 Years To Life For Killing Nick Adenhart"

Misleading headline. He killed three people, not just Nick Adenhart, and the 51-year sentence reflects all the counts, not just Adenhart's.

I think it's an AP headline, too, which is embarrassing.
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HUFFPOST COMMUNITY MODERATOR
SoCalNick
Former 99er, Business Owner, Proud Veteran 101st
12:11 PM on 12/24/2010
AP stopped being respectable about 2 minutes after Obama became a viable Presidential candidate. Don't trust them anymore.

That is all
HUFFPOST SUPER USER
dbrett480
08:03 PM on 12/23/2010
I'm shocked at how many posters are expressing sympathy for Gallo. He had previously been convicted of felony DUI and was on probation. He was responsible for the death of three people and deserves to spend the rest of his life in prison.
02:42 AM on 12/24/2010
Signs and wonders. Also very sad.
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01:42 PM on 12/23/2010
I dont think it matters who he killed, the point is he killed people. I dont believe in the death penalty, but I do believe in the the life penalty.
01:30 PM on 12/23/2010
He was given a second chance. He blew it. 3 people are now dead, and people here are whining about the punishment is too harsh? Good Riddance to him.
04:35 PM on 12/23/2010
I'm not sure I follow the logic of the people complaining about harshness of this sentence. Celebs get away with it, so regular people should be able to as well?

Why not, let's make sure celebs DON'T get away with it?
10:51 AM on 12/23/2010
If he could play quarterback and run and jump he'd be out in 18 months...
05:18 PM on 12/23/2010
Spoken like a true sports fan!
02:44 AM on 12/24/2010
Or run a dogfighting ring, then he'd be a real inspiring hero.
06:41 AM on 12/25/2010
Excellent! (as usual)...
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10:23 AM on 12/23/2010
He was on parole at the time for felony DUI............that says it all.
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08:42 AM on 12/23/2010
WOW, I have no sympathy for this guy who got drunk and killed 3 people, BUT, after reading the article about a sheriff who got drunk and killed 2 people, it seems so completely unfair. How could the judge have let that guy walk? If I were this guys attorney I'd be bringing that up for sure. Or, if I were the family of the 2 people killed by the drunk sheriff, I'd be asking why he didnt get the same sentence. It ALWAYS comes down to who you know/are or how much money you have. Sometimes our system is just plain wrong.
HUFFPOST SUPER USER
sloreader
writ this down
11:24 AM on 12/23/2010
The facts, your lawyer and the judge all matter.
01:33 PM on 12/23/2010
And sometimes it comes down to your character. The cop definetly deserved some jail time, but this guy was already given a second chance. Do you want him to get a third?
08:16 AM on 12/23/2010
Why the heck are there murder charges for a DUI manslaughter case? How do you even get convicted in the first place for a DUI felony? What is the definition of that? Makes no sense.

So this dude gets 51 yrs for killing some people while drunk, based on trumped up murder charges which shouldve been DUI manslaughter charges since there was no intent and yet the guy that is convicted of sexually abusing 16 or more children gets 20 years? What is wrong with our system? Is it because those kids were Haitian and not American citizens? What is wrong with this picture? Im thoroughly disgusted by this. Who's with me?
09:38 AM on 12/23/2010
You do not have to have intent to charge 2nd degree murder. Here is the definition for California;
The precise definition of murder varies from jurisdiction to jurisdiction. Under the Common Law, or law made by courts, murder was the unlawful killing of a human being with malice aforethought. The term malice aforethought did not necessarily mean that the killer planned or premeditated on the killing, or that he or she felt malice toward the victim. Generally, malice aforethought referred to a level of intent or reck-lessness that separated murder from other killings and warranted stiffer punishment.
Many states use the California definition of implied malice to describe an unintentional killing that is charged as murder because the defendant intended to do serious bodily injury, or acted with extreme recklessness. For example, if an aggressor punches a victim in the nose, intending only to injure the victim's face, the aggressor may be charged with murder if the victim dies from the blow. The infliction of serious bodily injury becomes the equivalent of an intent to kill when the victim dies. Although the aggressor in such a case did not have the express desire to kill the victim, he or she would not be charged with assault, but with murder
01:51 PM on 12/23/2010
"definition of implied malice to describe an unintentio­nal killing that is charged as murder because the defendant intended to do serious bodily injury, or acted with extreme recklessne­ss. For example, if an aggressor punches a victim in the nose, intending only to injure the victim's face, the aggressor may be charged with murder if the victim dies from the blow. "

I am not aware of any stretch of such a definition in "many states", but ok, not gonna argue it. I find it quite a stretch to call it implied intent if no harm is actually intended. Prosecutors and the criminal justice system are not intended to act as mind readers and a criminal defendant has no duty whatsoever to take the stand in his/her defense. Whether drunk or not, a vehicular related death is not intentional unless it really is intentional - like running over a spouse or something similar.

I am not excusing what this guy actually did I just find all the circumstances surrounding his sentence to be stretched to its limits to imprison him long term for something which a teen driving drunk and doing the same thing would not be subjected to. Being on parole seems to be the greater influence on sentencing than what actually occurred in this second incident. Something is just not right there.
HUFFPOST SUPER USER
sloreader
writ this down
11:28 AM on 12/23/2010
Feel free to run for State Legislature in California. Between the harshest three strikes law in the nation to maximum punishment for DUIs, etc., it's a small wonder our state prisons are incredibly overcrowded.