People v. Acosta,

284 Cal.Rptr. 117 (1991)

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Nature of the Case

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Facts

Officers saw D in Elvira Salazar's stolen Nissan Pulsar parked on the street. They approached D and identified themselves. D inched forward and then accelerated rapidly. D went on a 48-mile chase along numerous surface streets and freeways throughout Orange County. The chase ended near D's residence in Anaheim. D ran stop signs and red lights, and drove on the wrong side of streets, causing oncoming traffic to scatter or swerve to avoid colliding with him. D used a dirt shoulder to circumvent stationary vehicles and pass through an intersection. When leaving the freeway in Anaheim, he drove over a cement shoulder. D weaved in and out of traffic, cutting in front of other cars and causing them to brake suddenly. D also crossed three lanes of traffic, struck another car, jumped the divider between the freeway and a transition lane, and passed a tanker truck, forcing it to swerve suddenly to avoid a collision. He drove at speeds between 60 and 90 miles per hour, slowing only when necessary. D even smiled at an officer as he pulling alongside. One of the Pulsar's front tires blew out, but D continued to drive at 55 to 60 miles per hour, crossing freeway traffic lanes. Police helicopters assisted in the chase. When switching the lead, the helicopters collided and fell to the ground. Three occupants died as a result of the crash. D was charged with three counts of second-degree murder. A retired FAA investigator, expert, opined the Costa Mesa helicopter's pilot violated an FAA regulation prohibiting careless and reckless operation of an aircraft by failing to properly clear the area, not maintaining communication with the Newport Beach helicopter, failing to keep the other aircraft in view at all times, and not changing his altitude. He also testified the Costa Mesa pilot violated another FAA regulation prohibiting operation of one aircraft so close to another as to create a collision hazard. D told the police he knew the Pulsar was stolen and he fled the police to avoid arrest. He also saw two helicopters with spotlights and turned off the Pulsar's lights to evade them. D knew that his flight was dangerous 'to the bone,' but he tried to warn other cars by flashing the car lights and by otherwise being 'as safe as possible.' D was convicted on the three counts of second-degree murder and appealed.