The best and worst films of 2012 ARTS & EVENTS | 9
JANUARY 4, 2013 VOLUME 20, NO. 50 www.MountainViewOnline.com 650.964.6300 MOVIES | 18 Witnesses: car that killed Ware was speeding JUDGE MUST NOW DECIDE WHETHER TO SEND CASE TO TRIAL
By Nick Veronin transports the disabled, and the driver of the utility van — said he driver accused of hit- that Pumar appeared to have run ting and killing William a red light before swerving and TWare appeared in court losing control of his vehicle. Dec. 27 for a preliminary hear- The prosecution’s final wit- ing. Several witnesses took the ness, Officer Daniel Garcia of the stand before a judge, but no Mountain View Police Depart- jury. ment, spent much of his time Before the court went into explaining the story Pumar recess for the day, five witnesses gave him, which was record- answered ques- ed in Garcia’s tions from Duffy official report. MICHELLE LE Magilligan, the ‘The emotions During his tes- PICTURING 2012 prosecuting depu- timony, Garcia This May 8 photograph of 4-year-old Sier Ahmad at the Pioneer Park playground is among ty district attorney, ran high. It’s just said Pumar had Michelle Le’s choice photos of 2012. For more images of the year gone by, see Page 11. and Dennis Smith, told him that lawyer for Mat- a horrible way to he had tried thew Pumar — the to get through 22-year-old Moun- be remembered.’’ the intersection Court rebukes assistant DA tain View driver DOLORES MARQUEZ, before the light who is alleged to WARE’S NIECE turned red, by have run into Ware pushing the for misconduct in predator trial after speeding reck- gas pedal of his By Sue Dremann admitted performing sexual acts an intoxicating substance. He lessly through an intersection. 2000s-era Audi A4 “as far as it Palo Alto Weekly with teenage boys. was sentenced to 17 years and 8 All of the witnesses were called could go.” According to Garcia’s The court’s decision comes months in state prison. by the prosecution. report — basically Pumar’s side hief Assistant District one year and nine months after But shortly before his release Judge Thang Nguyen Barrett of the story — he was driving Attorney Jay Boyarsky, District Attorney Jeff Rosen from prison, in April 2003, the listened as the witnesses — most 40 mph in the 35 mph zone and Cthe second-highest- announced a conviction- DA’s office filed a peti- of whom were at or near the only began to accelerate “three ranking official in the Santa integrity unit in March tion to commit Shazier to intersection of Escuela Avenue car lengths” before entering the Clara County District Attor- 2011 to address a series a state mental facility as a and California Street on June 21, intersection. ney’s Office, was castigated by a of prosecutorial miscon- sexually violent predator at about 9 a.m. — described the During Garcia’s testimony, state appeals court on Thursday duct allegations against under the Welfare and accident, often referencing a map Magilligan showed a video of for misconduct while handling the office; the alleged Institutions Code. hung on the wall. the scene, periodically pausing a hospital commitment case misconduct preceded his The first commitment All witnesses who were at the the tape and asking the officer to against a sexual predator, accord- tenure. The unit was to trial resulted in a hung scene of the accident said the explain what the court was see- ing to court documents. set protocol to prevent Jay Boyarsky jury. The jury in a sec- driver of the car that struck and ing. There were two yellow tarps The finding of misconduct, future errors. ond commitment trial killed Ware swerved to avoid a seen in the video — one appar- which the California Sixth The Dec. 27 appeals court rul- in 2005 sent Shazier to a state utility van, which was on the ently covering Ware’s foot and Appellate District Court termed ing stems from two 1994 felony mental hospital for two years. scene with a crew making repairs another perhaps 10 yards away “so infected the trial with unfair- cases against Dariel Shazier, who But the verdict was overturned to the intersection’s traffic sig- apparently covering the rest of ness as to make the resulting pleaded guilty of sodomy with the following year by the appel- nals. Ware’s body. It was a grisly scene, conviction a denial of due pro- a minor under age 14, sodomy late court after the prosecutor in The witnesses who were at and caused Ware’s niece, Dolores cess,” resulted in a reversal of a with a minor under age 18, and that case, Benjamin Field, was the intersection at the time of Marquez, to leave the court room judgment that committed a man oral copulation where the vic- the crash — two pedestrians, a to a state hospital after the man tim was unable to resist due to See MISCONDUCT, page 6 driver for a local company that See TRAFFIC DEATH, page 8
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