People v. Witherspoon CA6

I. BACKGROUND

In July 2023, the Monterey County District Attorney charged Witherspoon with gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a); count 1), driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (a);

1 Undesignated statutory references are to the Penal Code. count 2), and driving with a blood alcohol content of above 0.08 percent and causing injury (Veh. Code, § 23153, subd. (b); count 3). In connection with counts 2 and 3, the information further alleged that Witherspoon had an excessive blood alcohol content of 0.15 percent or greater and personally inflicted great bodily injury. The information alleged one circumstance in aggravation under California Rules of Court, rule 4.421(a)(1): That the charged offenses “involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness.”2 A. Relevant Facts3

Witherspoon, then a member of the United States Navy, went to a bar on a military base, where he ran into fellow servicemember, A.T. A.T. noted that Witherspoon appeared intoxicated, and when they left the bar together, she saw him drive…