A woman under the influence of marijuana when she caused a head-on collision near Scripps Ranch that killed a passenger in the other car was convicted Monday of gross vehicular manslaughter while intoxicated and DUI causing injury.
Jurors, however, deadlocked 10-2 on a second-degree murder charge against 36-year-old Hyun Jeong Choi. The prosecution will return to court Friday to inform Judge Joan Weber if it plans to re-try Choi for murder in the March 27, 2016, crash that killed 43-year-old Amanda Walzer and left her fiance, 49-year-old Jon Warshawsky, with a traumatic brain injury.
Choi’s first trial ended in a mistrial last June when an officer testified about something that wasn’t in any report.
Deputy District Attorney Andrew Aguilar said Choi pleaded guilty to driving under the influence of alcohol in 2013 and was given several warnings about the dangers of driving while under the influence of alcohol or drugs.
Aguilar said that just before the fatal collision, Choi had smoked marijuana she purchased at a nearby dispensary. An open bag of marijuana and a freshly used marijuana pipe were found in the defendant’s vehicle after the crash, the prosecutor said.
After she was released from the hospital, Choi admitted she “tried to fight it” and “tried to get home” after smoking the marijuana she had just bought.
Defense attorney Stephen Cline told the jury that Choi made a “naive and negligent mistake” by purchasing what she thought was the same kind of medical marijuana she had used before to calm her social anxiety.
When Choi returned from traveling overseas, her usual dispensary was gone and she purchased what she thought was the same type of marijuana that had helped her before from a dispensary in the Miramar area, Cline said.
The attorney said there were no warnings about the strength and potency of the marijuana, which had an immediate impact on Choi.
“She had no idea what she left that store with,” her attorney said. “She was impaired. Catastrophically impaired.”
Witness Regis Kodzi testified that he and his wife were traveling on Pomerado Road behind Warshawsky’s 1956 Porsche when Choi’s Toyota Corolla crossed a center divider and hit the vintage sports car head-on about 5:30 p.m.
— City News Service