Well this is a first for California...

2 men charged with 2nd-degree murder

By J. Harry Jones
UNION-TRIBUNE STAFF WRITER

May 14, 2003



DAN TREVAN / Union-Tribune
George Waller Jr., above, testifies at his trial. They revved their souped-up engines, nodded slightly to one another, and sped off down a quarter-mile section of Imperial Avenue in Encanto.

They revved their souped-up engines, nodded slightly to one another, and sped off down a quarter-mile section of Imperial Avenue in Encanto.

Seconds later what was to be a drag race for bragging rights between old friends ended with two teenagers dead, three other people hurt and the racers facing a murder trial that should conclude today.

George Waller Jr., 32, of Encanto and Lawrence Calhoun, 29, of Emerald Hills are accused of killing Brian Hanson and his girlfriend, Shanna Jump, both 19, who died at dusk on Oct. 6, 2002.

Jump was making a left turn onto Viewcrest Drive from eastbound Imperial Avenue just as Waller's modified 1968 blue Plymouth Barracuda approached at speeds estimated between 77 and 90 mph.

The Barracuda broadsided Jump's Geo Storm. Calhoun, who was trailing in the race in his 1984 El Camino, was able to avoid the accident and then drove away.

Hanson, who was in Jump's car, and Jump were killed instantly. Hanson's younger brother Michael, who was sitting in the back seat, suffered severe brain damage. Waller and a passenger in his car were less severely hurt.

The District Attorney's Office has charged both men with two counts each of second-degree murder, arguing that they knew illegal street racing could end in death yet disregarded that danger.

Both men testified at their San Diego Superior Court trial yesterday that they didn't know the risk of racing was so high.

At least 16 people have been killed in San Diego County in street racing incidents in the past 18 months.

The menace of racing was emphasized last week when a 21-year-old driver was killed while racing Thursday night along state Route 52, forcing Judge David Danielsen to caution jurors to avoid any publicity about the case or street racing in general.

This case marks the first time prosecutors have charged racers with murder – not just locally but anywhere in California.

Lawyers for Calhoun and Waller have asked the jury to find their clients guilty of the lesser charge of vehicular manslaughter. The difference: both men could receive prison sentences of 30-years-to-life if convicted of murder, less than a decade for manslaughter.

On Monday, Prosecutor Blaine Bowman and defense attorneys Nelson Brav and Vic Eriksen agreed to a series of facts, including that the two men were the drivers of the cars racing that evening.

The agreement shortened a trial that is expected to go to the jury today.

Waller and Calhoun testified it never occurred to them that deaths could happen as a result of their speed contest.

"It was a level road. The visibility was good. It was a divided road with a median," Waller said. "My car was in great shape. I knew I was a good driver and I knew Mr. Calhoun was a safe driver . . . I didn't foresee it."

Both men said they don't read newspapers or watch television news and were unaware that street racing was killing people.

Both said they have raced or been spectators at legal racing venues, including those held in the parking lot of Qualcomm Stadium, but never heard announcements about the dangers of street racing.

If found guilty of manslaughter, Calhoun stands to serve more time in prison than Waller because he fled the crash.

Waller was injured in the crash and arrested in a hospital. Calhoun avoided the crash by slowing and veering left. He then drove away and eventually went to Fresno for two months to avoid capture.

"I was devastated and terrified," Calhoun said. He admitted the he lied to a detective about his involvement and about removing the engine from his El Camino in an effort to disguise his car.

 

From a legal standpoint, murder will be a hard sell. Criminal negligence and manslaughter are much more likely.

 

true...its just a reality check when..

"This case marks the first time prosecutors have charged racers with murder – not just locally but anywhere in California."

Just the simple fact that you CAN be charged with 2nd degree murder is definitely a wake up call.

I'll think twice the next time I feel the urge to race down some random stretch of road.

 

I guess it depends on if they can say what they were doing was some kind of felony endangerment or something. Death that results from a felony I think can be called murder.

 

I hope they are found guilty of murder. Anybody that street races needs to realize that they're putting other's lives at risk. If you're going to do that then you better be ready to face the consequences when you f*ck up. Take it to the track!

 

Gary that is a crock of SHITTZ u are spittting!

So u have never driven ur car on the highway above 65 MPH?

u have never driven 45 in a 25 MPH zone.

u have never pushed a yellow even though u knew u wouldn't be out of the intersection by the time it turned RED!

If u say no u r full of it. I think everyone on this BBS has done one of these things and if they had " f*ck up" they could be charged with murder.

I don't think this is so cut and dry. DWI folks kill people all the time and don't go to jail for murder so why should these guys. And the guy who didn't hit the car really shouldn't be charged. He didn't do anything but exceed the speed limit. He in no way caused the accident. He didn't force the other guy to drive that fast. This whole thing is simple a chance for the CA state gov to scare folks out of street racing.

They are going to make an example of these 2 chumps!

 

I doubt he wanted to kill those two.

murder - 1 : the crime of unlawfully killing a person especially with malice aforethought

 

Whatever guys....the attitude that if you're street racing and kill someone as a result, you shouldn't face harsh penalties is a "crock of SHITTZ". The majority of people that street race don't seem to have enough sense to know when or where they could at least do it so that if the worst happens, innocent bystanders aren't killed. Or maybe they just don't care.

There is a difference between exceeding the speed limit by 5 mph, and engaging in an all out street race. But where do you draw the line? In that sense, Daewoo, you are right...its not cut and dry. But just because DWIs that kill people don't get the murder charge, does that mean streetracers should not? Streetracers and DWIs both do what they do without planning ahead of time that they are going to kill someone. If I walked into a building and started firing of rounds in random directions, without planning to kill anyone, should I get off easier if someone does die?

The murder charge probably won't stick, but like you said Daewoo, they're going to make an example of these guys...and I think its a good thing.

 

So, wait a minute. This chick looks to the left, sees two cars absolutely hauling *** in her direction, and then decided it is a good idea to pull out in front of them?

Unless the racers were attempting to run a red, I dont see how this is entirely their fault. Sure street racing is dumb, whatever, I dont give a **** about that argument.

Its happened to me plenty of times driving the speed limit too, people just can not figure out how fast a car is coming towards them and inevitably cut things too close. Drives me nuts, I have to pound my brakes because someone couldnt wait another 4 seconds to turn after I had passed.

Is this what happened here? or is there more negligence on the racer's part that wasnt reported. I generally think if you have two eyes (and hence, depth perception) you should be held accountable for decisions you make regarding such. You have the capacity to see the cars coming, and to save yourself from an accident, all you have to do is nothing. Just sit and wait for the racers to pass.

 

No matter which was you turn it, flip it or turn it around when you make a decision to do something you have to deal with the consequences.
I'm not saying the courts decision on what the charges are, are right or wrong. I don't know the complete details of the trail and incident.

But think of this.... what if those were your kids that died???????

 

This should be a case of manslaughter, nothing more. The guy who was not involved in the accident should get no more than ticketed for drag racing and speeding. Pretty much every driver in that scenario was guilty of poor judgement, the racers for racing on city streets and the girl for pulling out in front of traffic. If that guy wouldn't have been speeding it wouldn't suprise me if that accident would have been considered that girl's fault.
It annoys me when people act all high and mighty and talk down on street racing. Sure, it isn't the smartest thing to do, but I don't think there is anyone here who has never gone over the speed limit, ran a stop sign or redlight, pushed their car on a back road or done something else illegal in their car, any one of these things could have caused an accident like this.

 

Gary u r such a hipacrit

Why in the hell do you have

For the street...
'03 350Z Touring [Daytona Blue on Frost, no mods]
'91 Corvette [Yellow on Black, a few mods] FOR SALE
'89 Corvette [White on Black, lots 'o mods, work in progress]

if you don't like to occassionally drive fast? Answer me that one simple question? Don't u dare ly and say you never exceed the speed limit more than 10-20 mph.

I refuse to believe that when u go driving on Sunday morning u don't open that vette up on a nice straight.

So r u saying that these guys should go to jail for murder b/c they were racing or b/c they were exceeding the speed limit?

There is a differnce. For all you know the same thing could have happened to u on that sunday morning hitting 70 in a 50.

Be honest man!!!!!

 

these guys were drag racing in a damn school zone! What if one of your kids were involved?

 

This trial has been on and off Court TV for the past week or so.

 

First of all, do NOT call me a hipocrite. I don't street race, and I most definitely do not condone it. You don't know me, don't ASSume anything. As far as what I do...I love to drive fast but 99+% of it happens on the track, not the street. And for the times when I do, it includes evaluating the situation and weighing the risks. If I take the risk, then I'll accept the consequences.

Now, here's my problem: There are a lot of people out there that don't use their heads. Street racing itself isn't so bad, its the fact that so many dumbasses do it in places where the risks are high. You know that the average driver on the street is going to pull out in front of you, so why even do it on a street with numerous intersections, parking lot exits, or driveways? Expect the worst, because it will happen sooner or later. You are knowingly taking a huge risk, and you know that people could die. If guys want to engage in a street race, fine....if you're going to do it, just do it where there isn't a chance of killing innocent bystanders....and accept the consequences if something unforseen does happen.

 

This is just another example of the vocal minority getting what they want. Wont it be such a nice precedent??? Pretty soon 15-20 over the limit will attempted murder. Every time I read stuff like this I see more and more of my freedoms and individual rights going down the drain.

 

That's why this is such a tragedy.

The kids who pulled out in front of the racers are dead.

Assuming the racers were pretty normal people, with no malicious intent, what kind of punishment is jail gonna do? No worse a punishment than their concience has been doing for the past year. All that's going to happen is they will become a burden on society for the next several years.

I think that their punishment should consist of public service engagements, such as going to high schools and educating the students on the hazards of dangerous driving. To me, that would accomplish far more than sending them off to jail.

I know the jail time might be good revenge for the parents of those who were killed, but other than that it doesn't seem to do anyone any good.

-D'oh!

 

At first I wasn't following you ... after this.. I know where you are comming from.. The issue ISN'T a simple street race.. its where and when these people do it. However to guys in their 30s racing in (Someone said a school zone? I havnt heard that before) what I previously thought was an empty area with no one around and they have some dumb girl pull out in front of them.. well..2 things.. I dont see why this couldn't have been avoided if 1) They just slowed down.. 70mph to 0.. Todays cars can do in what less than 150ft. Why didn't someone try to stop? 2) Why did she pull out? If they didn't have time to stop..it would be because she pulled out directly in front of them.

Thats the only rational things I could see here. Otherwise the person that hit her had an ego the size of california and didnt back of the gas for fear of losing? WTF.. I just think the punishment should fit the crime.. manslaughter and a ton of traffic violations..murder.. no way.

 

What has happened to accountability in this country? The drag racers made a poor decision and need to be responsible for their actions. It's as simple as that. What infuriates me even more is that all these street racers get off with a slap on the wrist in most states, while in NoVA, if you're going more than 20 over on the interstate, don't be suprised if you are sentenced jailtime.

 

OK I want all of you to answer this question.

Gary says that they accept the risk. OK GARY

Would any of you that says they should get murder be willing to accept murder if you were on an open stretch of highway with a speed limit of 55, you were going 80 and some kid in a GEO entered the highway from an onramp (or just came over into your lane... happens to me all the f#cking time) and cut u off to the point that you cripped their rear and caused them to spin into a ditch killing them?

GARY this is real life not street racing but definately exceeding the speed limit. WE ALL KNOW THAT WE HAVE DONE 80 in a 55. That is 25 miles over the limit and would be considered wreckless driving. These folks in CA could say the same about us and charge us with murder using the sam logic.

SO GARY and all of the rest of you that think they should get murder answer this question. Would you be so qucik to accept the murder charge if this happened to u?

ANd one more question I need you to answer. Why the HECK is the guy who didn't hit anyone likely to get more time if any? There is no logic in that......................................