Ortiz

On the morning of September 29, 2000, Anthony Pilton, his wife, Nicole, and their two sons—Adam and Steven—were traveling south on Highway 29, near Napa, in their rented Ford Taurus. The Pilton family was visiting California from their home in New Zealand. Anthony drove, Nicole occupied the front passenger’s seat, and the boys sat together in the back. About a fifth of a mile south of the entrance to Bothe State Park, the Piltons’ car was struck by a 1972 Ford flatbed truck that, traveling at high speed, had crossed the double-yellow center line dividing the highway and crashed head-on into them. Defendant owned and was at the wheel of the Ford truck. Anthony and Adam Pilton were killed outright in the collision; Nicole and Steven were injured, both seriously.

In the ensuing accident investigation, California Highway Patrol officers determined defendant’s truck was mechanically sound at the time of the collision and capable of reaching speeds in excess of 100 miles an hour. Defendant, the investigating officers determined, was about 350 feet from the collision site when he pulled out to pass a Toyota 4-Runner, crossing a double-yellow line. He had a full view of oncoming…