People v. Cox CA4/2

INTRODUCTION

Defendant Jason Wayne Cox was accused of driving a truck that struck and killed

a bicyclist. The People appeal from the trial court’s order setting aside count 1 of the

information, charging defendant with vehicular manslaughter with gross negligence.

(Pen. Code, §§ 192, subd. (c)(1), 995, 1238, subd. (a)(1); People v. Alice (2007)

Cal.4th 668, 680.)

We conclude there are three aspects of defendant’s conduct which support a

charge of gross negligence: 1) committing multiple Vehicle Code violations while

driving; 2) not stopping immediately after hitting the cyclist; and 3) leaving the scene of

the accident and not reporting it. In summary, the facts, or reasonable inferences, offered

at the preliminary hearing are as follows. Defendant was driving home about 6:30 p.m.

in a company truck. He had gotten off his construction job about three hours before at

3:30 p.m. He had a history of Vehicle Code violations from 2001 to 2006 including a

DUI in 2005. Defendant was driving west on Foothill Boulevard in Rancho Cucamonga.

It was still daylight because sunset was an hour later. The number two lane was 25 feet

wide and included a wide unmarked bike…