Investigation into Market Tragedy Complete

By Jorge Casuso

Nov. 24 -- The investigation into July's Farmers Market tragedy that left 10 people dead and more than 50 injured has been completed and a 1,000 page report should be headed to the DA's office as early as this week, according to police.

On Thursday, the California Highway Patrol's Multidisciplinary Accident Investigation Team presented its findings to the Santa Monica Police Department, which could receive the report in writing any day, said Lt. Frank Fabrega, the police department spokesman.

Once the report is received, police detectives will meet with the DA's office and determine if any charges will be filed against Russell Weller, the 85-year-old Santa Monica resident who plowed through a crowded Farmers market on July 16 leaving a trail of victims in his path.

Weller, who appeared lucid when he exited the car with a cane, told police he possibly hit the gas instead of the brakes on his 1992 Buick LaSabre. Weller was taken to a hospital where a blood test detected no traces of alcohol or medication, police said at the time of the incident.

Investigators for the police department and the Highway Patrol have spent months sifting through the testimony of hundreds of eyewitnesses, which informs the approximately 1,000-page report that will be presented to the DA, police said.

At the scene of the accident, eyewitness Fabrizio Insoler told The Lookout that he saw Weller's Buick turn left onto Arizona Avenue from Fourth Street and keep going, bumping a parked Mercedes and accelerating.

If police corroborate the report, Weller could be charged with hit and run, according to sources familiar with the investigation.

Legal experts have said that it is unlikely Weller would be charged with murder because it does not appear he acted willingly. He could, however, be charged with vehicular manslaughter, which under California law is defined as killing someone with a vehicle while committing another crime.

Vehicular manslaughter convictions usually result from offenses such as speeding, fleeing the scene of a crash or driving while on a cell phone, according to legal experts.

If it is determined that the crash was caused by "accident and misfortune" no charges would be filed, experts said.

Last month, City attorneys rejected five negligence claims brought by people who said they were injured in the incident. The City is expected to receive dozens of additional civil lawsuits charging it was negligent for failing to install heavy traffic barriers that could have prevented the accident.