A motorist accused of driving under the influence of alcohol and drugs and running down a community activist removing graffiti in Mission Beach must stand trial on gross vehicular manslaughter while intoxicated and felony hit-and-run charges, a judge ruled Thursday.
Jonathan Domingo Garcia, 23, is accused in the Feb. 12 death of 69-year-old Maruta Gardner.
A former principal at Mission Bay High School, Gardner was honored by the San Diego City Council last year, which declared Nov. 3 “Maruta Gardner Day.”
Following a two-day preliminary hearing, Judge David Rubin found that enough evidence was presented for Garcia to proceed to trial. He faces 15 years in prison if convicted.
According to court testimony, Garcia was fleeing from another motorist he had rear-ended around dusk at North Jetty Road and Mission Boulevard when he stopped at a stop sign, then accelerated, hitting Gardner near the curb.
Gardner’s husband said his wife was putting her Kindle in the basket of her tricycle — which was parked in the road — when she was struck.
Garcia allegedly drove off and pulled into a parking lot, then drove back past the crash scene, according to court testimony. A police officer followed Garcia and pulled him over.
About three hours before the crash, Garcia and a friend were seen slashing tires on cars a few blocks away, according to testimony.
A detective testified that Garcia admitted drinking beers and smoking marijuana that day. Garcia’s blood-alcohol content was measured at 0.079 percent after the accident, and marijuana and depressants were also in his system, said Deputy District Attorney Steven Schott.
Garcia — held on $550,000 bail — will be back in court June 15 for a readiness conference. Trial was set for Sept. 9.
— City News Service
