2.26.2010

TS - Legal maneuvers slow case of men charged in 9-year-old's death

Legal maneuvers slow case of men charged in 9-year-old's death

The case against two men implicated in the death of a 9-year-old McKinleyville girl during a street race will drag on again due to procedural issues.

Jason Whitmill, 31, is standing to answer for second-degree murder charges and other charges, along with 19-year-old Anthony Flores, who is charged with vehicular manslaughter. The two were allegedly involved in a street race on State Route 299 outside Arcata on Oct. 6. Prosecutors allege that when Whitmill tried to pass Flores' vehicle, his car crashed into a Chevrolet Tahoe, which spun off the road and slammed into a power pole.

The crash killed 9-year-old Nicole Quigley and seriously injured her mother, Debra, who were in the Tahoe.

Whitmill has pleaded not guilty to second-degree murder, vehicular manslaughter, driving under the influence causing injury and engaging in a speed challenge. Flores has pleaded not guilty to vehicular manslaughter, engaging in a speed challenge and participating in a hit-and-run injury.

Whitmill's attorney Glenn Brown challenged his client's second-degree murder charge, but Humboldt County Superior Court Judge Dale Reinholtsen ruled the evidence would support the claim. Brown then appealed to the State Appellate Court, and was rejected.

On Monday, attorney Marek Rivas -- sitting in for Brown -- told the court that Brown is appealing the matter to the California Supreme Court.

A motion by defense attorneys to try Whitmill and Flores separately will also be opposed, said District Attorney Paul Gallegos.
Nicole Quigley's father Ken Quigley said in a phone interview that he's frustrated with the delays in the case, and said he's concerned the appeal to the Supreme Court could upset the tentative trial date set for Sept. 21. He said he does not want to see the trials split, out of concern that it will drag out the case even more.

”We're sick of the delays,” Quigley said. “We're tired of them.”

John Driscoll/The Times-Standard
Posted: 09/01/2009 01:21:11 AM PDT
From Comments:

CJ Saint Claire
Awww, and here I thought they just wanted to go fast. I'm with Ken - sick of the delays.

Uncle
I agree. Isn't it interesting how these "speed freaks" suddenly want to slow things down. This has gone from a team of two dirt bags and two attorneys to a team of three dirt bags and one attorney. I'll leave it up to you Glen Brown to figure out who the thrid dirt bags is.

Julie Wertz
If it were legal I'd kill those bastards slowly and painfully. I hope they fry.

Peace and Hell
I hope they burn in HELL forever feeling the pain they have brought into an innocent scene.

Dad
These two along with the two lying women that should also be in jail have no remorse for what they have done. Cheri Marcelli and Jodyne Aubrey both tweekers continue to run around the county driving probably with no insurance. I feel for the family of their next victims. Our courts continue to do nothing to get these dirtbags off the street.

Dad
I agree with Julie Wertz comment the same for the two lying tweekers that were in the cars, Cheri Marcelli and Jodyne Aubrey. They are both out on the streets probably driving around with no insurance searching for their next innocent victims. We will run them through the Humboldt County Courts provide them with an attorney paid for by us the tax payer and let them go again. They no the system they have been sucking off it for years.

Karma
It will all come back to them tenfold. In this life or the next, they will get whats coming to them. Karma...gets ya every time!

Jeff E
Of course the attorneys are dragging this out. They are getting paid by the hour. At $200 per hour, they are making a fortune.

Meanwhile, justice suffers.

Wonderz
Jeff E wrote:
Of course the attorneys are dragging this out. They are getting paid by the hour. At $200 per hour, they are making a fortune.
Meanwhile, justice suffers.
You mean these kids have something other than county defense lawyers?

what

Mr. Driscoll, this little girl was not a victim of a street race. These were two druggies chasing each other on the highway. A street race is quite a bit different.

okey

what wrote:
Mr. Driscoll, this little girl was not a victim of a street race. These were two druggies chasing each other on the highway. A street race is quite a bit different.
Just to be clear sir, it WAS a 'street race' and the
'drug' was alcohol.
Heard of it?

Preferred by murderers 10000 to one.

Scream
You have to wonder about the credibility of the lawers. To continue this course shows that the are adept lawers but someone should have told these idiots to plead guilty and save the family, county and jurors much wasted time and money.
The verdict is already in.

voter
Who is footing the bill for Mr. Brown? A POS tweeker like Whitmill doesn't have that deep a pocket...is someone angling for the rights to the book and TV movie? "As the **** turns".
Or has the esteemed Mr. Brown always wanted to have his day in front of the High Court? Is he some sort of advocate for the rights of the 'terminally stupid'?
Just turn these creeps (all 4 of them) loose, let their location become common knowledge and I would imagine that more than a few hunting rifles will be pointed at their empty, smelly heads. I will buy the shells to remove these pieces of excrement from this temporal reality.

reader
I just love the corruption of our court system. These men are responsible for the death of a 9 year old girl and they get incredible protections.

Maybe they ought to be tried in "family" court.

reader
Scream wrote:
You have to wonder about the credibility of the lawers. To continue this course shows that the are adept lawers but someone should have told these idiots to plead guilty and save the family, county and jurors much wasted time and money.
The verdict is already in.
You don't understand. If these criminals don't get satisfactory representation, they can have their case reviewed on appeal. Guess what these to will do if they get a jury to convict them? File and appeal.

Domino 21
From what has been released, Flores is getting lynched . Whitmill, apparently a continual criminal that Gallegos chose not to lock up. Whitmill was a DUI. Whitmill is uber aggressive.

Flores is a pansy but Whitmill seems to have created the problem. And since Flores is dumb, and his fiance is dumb and the mother in law is dumb. We get to think about whether jailing dumb people is a good idea.

Anybody With A brain
These two had a drug deal that went bad in Willow Creek they decided to chase each other at 103mph where innocent people were present. They killed a beautiful little girl that will never have a chance to try and grow up and be a productive citizen which are becoming extinct in Humboldt County, Its simple if the courts dont take care of these dirtbags someone else will.

lolman
"We're sick of delays" LOL

What? due process and the assumption of innocence too American for yer?

Living in Idaho
Sad Story,
Justice is an interesting concept when you think of the idea of a dead child because of the blatant recklessness of the two young "men". The young "men" at most will spend their twenties locked up in a california prison, lifting weights, getting dum tatoos, learning from more advanced criminals, lose some sleep, learn to be a prisoner. We in turn might call that justice. But the child is dead, their family deeply hurt. Taxpayers pay out, lawyers make some bucks. Very few young men who get incarcerated "learn to change their ways." Such is justice.

Rambo
Living in Idaho,

Dum is spelled dumb
***
Related:
09
Whitmill and Flores trial date delayed another month 08/04/2009
Whitmill, Flores take District Attorney's deal 12/05/2009
Jury selection begins in trial of Whitmill, Flores 11/23/2009
Whitmill, Flores trial to proceed 11/10/2009
Motion denied to suppress blood sample in Whitmill case 11/06/2009
Whitmill faces murder charge for alleged role in crash 10/15/2008
Quigley family, friends remember 9-year-old Nicole 10/06/09
Nearly one year ago 10/01/2009
Case surrounding fatal crash on Highway 299 delayed 09/15/2009
Too many delays 9/10/09
Legal maneuvers slow case of men charged in 9-year-old's death 09/01/2009
Whitmill and Flores trial date delayed another month 08/04/2009
Evidence, charges unchanged against Whitmill 07/17/2009
Evidence for second degree murder charge? 06/19/2009
Thinking of the Quigleys 05/29/2009
Remember Nicole 05/08/2009
Looking forward: Quigley family watches and waits as case continues 05/17/2009
Defendants in 299 wreck plead not guilty 03/28/2009
Judge holds Whitmill, Flores to answer for 299 wreck 03/14/2009
Wife refuses to testify against husband at preliminary hearing 03/13/2009
Investigator testifies suspect in fatal crash changed story 03/12/2009
Officer testifies about 299 crash at prelim 03/11/2009
Preliminary hearing over Highway 299 wreck continues 03/10/2009
Superior Court delays hearing in 299 crash case 02/11/2009
Broken system 01/23/2009

08
Hug your children 12/03/2008
Vehicular manslaughter suspect has extensive criminal history 11/13/2008
Whitmill-Flores hearing continued 11/06/2008
Street race case waiting on CHP reports 10/23/2008
Authorities seek Mustang passenger for questioning 10/17/2008
Court document: Flores tried to 'subvert' investigation 10/16/08
Whitmill faces murder charge for alleged role in crash 10/15/2008
Authorities arrest driver of Mustang 10/10/2008
New driver named in fatal collision 10/09/2008
Search continues for other driver in fatal crash 10/08/2008
◼ ER Parolee named as driver in fatal collision
◼ TS New driver identified in fatal crash
◼ TS New driver named in fatal collision
TS Update: ☛ TS Police still looking for driver
◼ TS Driver sought: Suspected drag race on 299 results in fatal crash

Note: there were other articles in the Eureka reporter, but none are available online anymore.