People v. Wheeler CA4/2

BACKGROUND

The People charged Wheeler and Scott Daniel Bahls by third amended

information with the following offenses committed on June 18, 2013: one count of the

second degree murder of Barbara Schmitz (Pen. Code, § 187, subd. (a); count 1); one

count of vehicular manslaughter with gross negligence resulting in Barbara’s death (id.,

§ 192, subd. (c)(1); count 2); one count of willfully engaging in a motor vehicle speed

contest resulting in injuries to Gerald S. (Veh. Code, § 23109, subd. (a); count 3); and

one count of reckless driving causing injuries to Gerald (id., § 23105, subds. (a)-(b)).

With respect to count 2 and count 3, the information alleged great bodily injury

enhancements. (Pen. Code, §§ 12022.7, subd. (c), 1192.7, subd. (c)(8), 1192.8.)

Wheeler and Bahls’s joint trial began in September 2016. The jury was

empaneled on the sixth day of voir dire. Trial commenced on September 26, 2016. The

People called 24 witnesses. The defendants called three witnesses and recalled two of the

People’s witnesses. Neither defendant testified. The trial lasted 16 days, with jury

instructions and the start of deliberations on the 16th day, October 21, 2016.

The evidence…