People v. Astarita CA1/2

BACKGROUND

In April 2018, the Solano County District Attorney filed an information charging Astarita with one count of murder (Pen. Code, § 187, subd. (a)1) related to his causing a car collision on July 31, 2017, that resulted in the death of a motorist, Cynthia Clay. A trial followed, at which the following evidence was presented. A. Astarita’s Drinking on the Day of the Incident On July 31, 2017, Astarita, then 65 years old, entered a bar located in a restaurant in Vacaville, California at 11:30 a.m. The bartender testified that during her shift, which ended at 3:00 p.m., Astarita ingested approximately four rounds of “a beer and a shot [of whiskey] at the same time,” or eight drinks total. He bought a total of 18 drinks, most of which the bartender recalled and thought were for other bar patrons; she did not recall if other patrons bought Astarita drinks, but said it was possible. Astarita remained at the bar as another bartender began his shift around 3:00 p.m. That bartender testified that he served Astarita three rounds of beer and whiskey, for a total of six drinks over about three hours. This was a usual amount for Astarita, who “could probably go further and hold…