December 22, 2010
Orange County District Attorney's Office
SANTA ANA - A drunken driver was sentenced today to 51 years to life in state prison for murdering three people, including a Los Angeles Angels of Anaheim baseball player, and injuring a fourth victim in an early-morning car crash. Andrew Thomas Gallo, 23, San Gabriel, was found guilty by a jury Sept. 27, 2010, of three felony counts of murder, one felony count of fleeing the scene of a traffic collision involving death or permanent injury, one felony count of driving under the influence causing injury, and one felony count of driving with a .08 percent blood alcohol causing injury. The sentencing enhancements for inflicting great bodily injury against Jon Wilhite were found true. Gallo has a prior San Bernardino County conviction for driving under the influence in 2006 and was on probation for this conviction at the time of the crash.
"Before drinking, set up a plan to have a sober driver. If you make the decision to drink and drive, we will make the decision to charge you with vehicular manslaughter or murder and you may spend the rest of your life in prison. During this holiday season, think about the pain on the victims' families' faces before you drink and drive," stated District Attorney Tony Rackauckas. "I formed the Vehicular Homicide Team in 2008 to deal with this serious problem. Since then, we have obtained 49 vehicular death convictions, 13 of which were second degree murders and serving life sentences."
At approximately 12:23 a.m. on April 9, 2009, Gallo was speeding in a minivan at approximately 65 mph in a 35 mph zone while under the influence of alcohol, on probation, and driving on a suspended driver's license. The defendant's license had been suspended due to a prior conviction for driving under the influence of alcohol. Gallo's 21-year-old step-brother was the passenger in the minivan. Gallo was driving eastbound on Orangethorpe Avenue in Fullerton and ran through a red light, crashing into a Mitsubishi that was legally passing through the intersection, pushing it into a third car. The driver of the third car sustained minimal injuries with moderate damage to his car.
Gallo murdered three people in the crash and seriously injured a fourth. The three murdered victims include 22-year-old Nicholas Adenhart, a pitcher for the Los Angeles Angels of Anaheim playing in his fifth professional season, 20-year-old Courtney Stewart, a student and former Titans cheerleader at California State University, Fullerton, and 25-year-old Henry Pearson, a law student working toward becoming a sports agent. The fourth victim, 24-year-old Jon Wilhite, a former player for the Titans baseball team, was critically injured. He is now in stable condition.
After crashing into the victims' car, Gallo fled the scene on foot. He was arrested less than 30 minutes later approximately two miles away on the shoulder of State Route 91 by officers from the Anaheim Police Department. When contacted by officers, Gallo attempted to flee again and run from the police. Two hours after the crash, Gallo had a blood alcohol level of .19 percent.
During the trial, the defense argued that Gallo did not have specialized knowledge of the dangers of driving under the influence of alcohol. The People presented evidence that Gallo had been involved in an alcohol-related single-vehicle crash in 2005, for which he was convicted of driving under the influence in 2006. As a result of that conviction, Gallo signed in his guilty-plea waiver of rights form an acknowledgement that he could be prosecuted for murder if he killed someone while driving under the influence of alcohol. He was also ordered as a result of that conviction to reside in a men's residential Christian rehabilitation facility, where he was counseled about the dangers of drinking and driving.
Victim Impact Statements
During the sentencing today, Stewart's father Christopher explained, "The brutal death of my beautiful daughter Courtney Stewart has forever changed my life. I have lost everything. I have sought no help because I know there is nothing anyone can ever tell me or do for me to bring her back."
Stewart's mother Carrie Stewart-Dixon told the court, "From the moment I got the most devastating phone call of my life, my life changed forever. I will never be the same. Courtney was not only my only child, she was my best friend. She was a compassionate person. She was always for the underdog. She lit up a room every time she walked in. She loved everybody and had no hate in her heart."
Stewart's grandmother, Marylen Hart, stated, "Losing [Courtney] has been the most painful experience of my life. I could never have imagined that our family would ever have to experience such a shocking loss. Life without her is almost unbearable."
Pearson's mother Areta Pearson told the court that her son positively impacted everyone he met and was loved dearly by his friends. She said his death was a loss for everyone that will not have the opportunity to meet him.
Pearson's sister Jessica Pearson's said that her brother was her other half and she expected to spend their lives enjoying each other's successes, marriages, children, and even failures. She explained that she never thought that the brother that was always there for her would one day be gone forever.
Pearson's father Nigel Pearson read two cards his son had sent him to the court to show how much Pearson loved his family, to give his son a voice, and so that the court could hear his words.
Wilhite's mother Elizabeth Wilhite said, "Jon had to learn to walk, talk, swallow, and eat. All the things we take for granted, Jon had to learn. His life before the crash was very active. He will never be able to turn his head to look up at the moon or to play baseball, which he loves so much. But he takes it in stride. Jon is the strongest person I know. He's our hero and didn't deserve what happened to him."
Wilhite's brother Chad Wilhite stated, "Gallo has proven that he will drink and drive and I believe he will do it again. He ruined an unimaginable amount of lives all in one night. He should be held accountable for what he did."
Jon Wilhite wrote a statement that was read to the court on his behalf that explained how his life is forever changed. He said that he believes Gallo should be severely punished for taking Courtney, Henry, and Nick, who he thinks about every day.
A written statement was submitted to the court by Adenhart's family. Duane, Janet, and Henry Gigeous wrote, "Our pain is not a state of being but a condition of life. We live with this hole in our family, our heart, our belief and our lives. No amount of words will ever fill that hole or in any way replace the loss of our dear Nick. Nick was beautiful. That phrase describes him best."
This case was investigated by the Fullerton Police Department and prosecuted by Senior Deputy District Attorney Susan Price of the Orange County District Attorney's Office Homicide Unit.
Sent on the Sprint® Now Network from my BlackBerry®
Orange County District Attorney's Office
SANTA ANA - A drunken driver was sentenced today to 51 years to life in state prison for murdering three people, including a Los Angeles Angels of Anaheim baseball player, and injuring a fourth victim in an early-morning car crash. Andrew Thomas Gallo, 23, San Gabriel, was found guilty by a jury Sept. 27, 2010, of three felony counts of murder, one felony count of fleeing the scene of a traffic collision involving death or permanent injury, one felony count of driving under the influence causing injury, and one felony count of driving with a .08 percent blood alcohol causing injury. The sentencing enhancements for inflicting great bodily injury against Jon Wilhite were found true. Gallo has a prior San Bernardino County conviction for driving under the influence in 2006 and was on probation for this conviction at the time of the crash.
"Before drinking, set up a plan to have a sober driver. If you make the decision to drink and drive, we will make the decision to charge you with vehicular manslaughter or murder and you may spend the rest of your life in prison. During this holiday season, think about the pain on the victims' families' faces before you drink and drive," stated District Attorney Tony Rackauckas. "I formed the Vehicular Homicide Team in 2008 to deal with this serious problem. Since then, we have obtained 49 vehicular death convictions, 13 of which were second degree murders and serving life sentences."
At approximately 12:23 a.m. on April 9, 2009, Gallo was speeding in a minivan at approximately 65 mph in a 35 mph zone while under the influence of alcohol, on probation, and driving on a suspended driver's license. The defendant's license had been suspended due to a prior conviction for driving under the influence of alcohol. Gallo's 21-year-old step-brother was the passenger in the minivan. Gallo was driving eastbound on Orangethorpe Avenue in Fullerton and ran through a red light, crashing into a Mitsubishi that was legally passing through the intersection, pushing it into a third car. The driver of the third car sustained minimal injuries with moderate damage to his car.
Gallo murdered three people in the crash and seriously injured a fourth. The three murdered victims include 22-year-old Nicholas Adenhart, a pitcher for the Los Angeles Angels of Anaheim playing in his fifth professional season, 20-year-old Courtney Stewart, a student and former Titans cheerleader at California State University, Fullerton, and 25-year-old Henry Pearson, a law student working toward becoming a sports agent. The fourth victim, 24-year-old Jon Wilhite, a former player for the Titans baseball team, was critically injured. He is now in stable condition.
After crashing into the victims' car, Gallo fled the scene on foot. He was arrested less than 30 minutes later approximately two miles away on the shoulder of State Route 91 by officers from the Anaheim Police Department. When contacted by officers, Gallo attempted to flee again and run from the police. Two hours after the crash, Gallo had a blood alcohol level of .19 percent.
During the trial, the defense argued that Gallo did not have specialized knowledge of the dangers of driving under the influence of alcohol. The People presented evidence that Gallo had been involved in an alcohol-related single-vehicle crash in 2005, for which he was convicted of driving under the influence in 2006. As a result of that conviction, Gallo signed in his guilty-plea waiver of rights form an acknowledgement that he could be prosecuted for murder if he killed someone while driving under the influence of alcohol. He was also ordered as a result of that conviction to reside in a men's residential Christian rehabilitation facility, where he was counseled about the dangers of drinking and driving.
Victim Impact Statements
During the sentencing today, Stewart's father Christopher explained, "The brutal death of my beautiful daughter Courtney Stewart has forever changed my life. I have lost everything. I have sought no help because I know there is nothing anyone can ever tell me or do for me to bring her back."
Stewart's mother Carrie Stewart-Dixon told the court, "From the moment I got the most devastating phone call of my life, my life changed forever. I will never be the same. Courtney was not only my only child, she was my best friend. She was a compassionate person. She was always for the underdog. She lit up a room every time she walked in. She loved everybody and had no hate in her heart."
Stewart's grandmother, Marylen Hart, stated, "Losing [Courtney] has been the most painful experience of my life. I could never have imagined that our family would ever have to experience such a shocking loss. Life without her is almost unbearable."
Pearson's mother Areta Pearson told the court that her son positively impacted everyone he met and was loved dearly by his friends. She said his death was a loss for everyone that will not have the opportunity to meet him.
Pearson's sister Jessica Pearson's said that her brother was her other half and she expected to spend their lives enjoying each other's successes, marriages, children, and even failures. She explained that she never thought that the brother that was always there for her would one day be gone forever.
Pearson's father Nigel Pearson read two cards his son had sent him to the court to show how much Pearson loved his family, to give his son a voice, and so that the court could hear his words.
Wilhite's mother Elizabeth Wilhite said, "Jon had to learn to walk, talk, swallow, and eat. All the things we take for granted, Jon had to learn. His life before the crash was very active. He will never be able to turn his head to look up at the moon or to play baseball, which he loves so much. But he takes it in stride. Jon is the strongest person I know. He's our hero and didn't deserve what happened to him."
Wilhite's brother Chad Wilhite stated, "Gallo has proven that he will drink and drive and I believe he will do it again. He ruined an unimaginable amount of lives all in one night. He should be held accountable for what he did."
Jon Wilhite wrote a statement that was read to the court on his behalf that explained how his life is forever changed. He said that he believes Gallo should be severely punished for taking Courtney, Henry, and Nick, who he thinks about every day.
A written statement was submitted to the court by Adenhart's family. Duane, Janet, and Henry Gigeous wrote, "Our pain is not a state of being but a condition of life. We live with this hole in our family, our heart, our belief and our lives. No amount of words will ever fill that hole or in any way replace the loss of our dear Nick. Nick was beautiful. That phrase describes him best."
This case was investigated by the Fullerton Police Department and prosecuted by Senior Deputy District Attorney Susan Price of the Orange County District Attorney's Office Homicide Unit.
Sent on the Sprint® Now Network from my BlackBerry®
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