SBSO Fatal Pursuit Trial: Garibay GUILTY

SM Times

A jury agreed that Miguel Angel Garibay of Santa Maria committed gross vehicular manslaughter while driving drunk. They also agreed that he fled from an officer.However, the panel could not reach a consensus on whether Garibay's actions amounted to murder the night he caused a crash that killed 26-year-old Brandon Harper of Santa Maria.

The jury on Wednesday found Garibay, 21, guilty of four felony counts in connection with the Jan. 20 collision, but deadlocked on a count of second-degree murder.

Santa Barbara County Superior Court Judge Edward Bullard declared a mistrial on that count.

Garibay was convicted of gross vehicular manslaughter while intoxicated, driving under the influence of alcohol causing injury, driving with a .08 blood alcohol level causing injury and evading an officer causing injury.

The jury reportedly was split 8-4 on the second-degree murder charge, although how the panel was leaning was not announced.

Bullard set a court appearance for Dec. 27 to discuss options regarding the second-degree murder count.

Garibay's trial began Dec. 11, and the case went to the jury for deliberations Tuesday afternoon.

According to prosecutors, an intoxicated Garibay was driving westbound on Betteravia Road at a high speed, fleeing deputies in his pickup, when he drove through a red light at Broadway and crashed into Harper's pickup.

Police reported that Garibay then continued westbound on Betteravia and crossed into oncoming traffic, where he collided with a car driven by Sandra Gonzalez.

Senior Deputy District Attorney Lynn Cutler argued that Garibay's actions were committed with implied malice, while Garibay's attorney, Senior Deputy Public Defender Tom Allen, countered that they were not malicious.

Family of both Garibay and Harper were in court during the trial, and were in the courtroom when the verdict was delivered.

Katherine Harper, Brandon Harper's mother, said outside court said that she believed implied malice was present in the case, and said she hoped the jury could see the malice, as well.

Brandon was her only child, Harper said.“I feel like I have a lifetime prison sentence and I didn't do anything,” she said.

Harper said she relied on her faith, God and support from family to sustain her in the wake of her son's death.

“I feel for his family, also,” she said of Garibay.

Garibay's mother, Vicky Garibay, said that she was glad the jury didn't convict her son of murder. She said she anticipated somewhat the verdict that the jury reached.

Cutler said prosecutors had the option of refiling the murder charge, trying to settle the charge through a plea agreement or leaving the verdict as it stands. He said he was disappointed that the jury did not convict Garibay of murder, but said that he was not critical of the jury.“I thought I proved a murder,” Cutler said.

He said it was understandable that a jury would have reservations about convicting a 21-year-old for murder when the crime does not involve a shooting or stabbing.

Allen said he thought the jury did an “excellent job.”He said he was expecting guilty verdicts on the four felony counts aside from the murder allegation, as he said he essentially conceded those.“I can't read into what they did ... whatever their reasoning process is, I respect that,” he said.

“Irrespective of my handling of the case, I really feel for Mr. Harper's family who have lost a son, and I feel for the Garibay family who have ... lost a son in another way,” Allen said.