CLEARLAKE — A judge ruled Friday that Alejandro Aurelio Arias, 29, will stand trial for second-degree murder in relation to the Sept. 11, 2009 vehicle collision that resulted in the death of Charlane Hill, 41. Arias will also be held to answer to special allegations concerning major injuries sustained by Hill”s two passengers.
Arias”s next court appearance is scheduled for 8:15 a.m. March 28 in Lake County Superior Court Department 3 in Lakeport for arraignment on information.
Honorable Stephen O. Hedstrom cleared the courtroom to begin day two of the preliminary hearing in order to hear a request from the defendant to remove his counsel.
The victim”s sister said she felt the request was a stall tactic. “This is really upsetting,” Trina Armstrong, 37, of Layonville said. “It seems like every time the case starts to get somewhere, he does something to prolong it. What rights did my sister have?”
Hedstrom denied the request and Komnith Moth will remain as defense counsel.
Prosecuting Deputy District Attorney John Langan brought seven witnesses to the stand throughout the preliminary hearing. The witnesses consisted of law enforcement officials and investigation experts.
Friday”s testimony by California Highway Patrol Officer Kevin Domby provided the prosecution with testimony related to observations by officers and Mobile Audio Video (MAV) evidence captured prior to the collision, which occurred on Highway 29 south of the Highway 175 intersection.
Domby also testified to a five-page driving history record he obtained on Arias through Department of Motor Vehicles. According to testimony, the record, which covers a 10-year period between June 24, 1999 to May 8, 2009 cites 15 moving violations, most of which pertain to excessive speed.
“I think this is the definition of reckless,” Langan said. “He had constant warnings up to the incident and he disregarded every one of those. It was that disregard that cost Ms. Hill her life.”
In making his ruling Hedstrom cited a statement by the defendant in which he admitted to receiving a warning for excessive speed less than an hour before the collision. He indicated the statement supports the prosecution”s allegation of implied malice, which enhances the vehicular manslaughter charge to second-degree murder.
Arias has pleaded not guilty to all charges and special allegations.
Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
