People v. Thompson CA2/8

FACTS AND PROCEDURAL BACKGROUND

On October 19, 2019, Thompson’s car collided with Diane Wilson Yeboah’s van near the 48th Street and Western Avenue intersection in Los Angeles. Thompson drove between 88 and 92.6 mph in a 35-mph zone seconds before the collision, slowed down to between 60 and 73 mph at the point of the collision, and had a blood alcohol content (BAC) between 0.131 and 0.149. Yeboah died four days later from injuries sustained during the collision. The Los Angeles County District Attorney then charged Thompson with murder (Pen. Code, § 187, subd. (a)),1 gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), driving under the influence of alcohol and driving with a .08 percent BAC, both causing injury within 10 years of another DUI offense (Veh. Code, § 23153, subd. (a)). Thompson moved pretrial to suppress his toxicology results on the grounds that the evidence was not sufficiently reliable under People v. Williams (2002) 28 Cal.4th 408 (Williams).

Further undesignated statutory references are to the Penal Code.

2 The court held an evidentiary hearing and denied the motion, finding Thompson’s argument to be “more properly the subject of a…