87-year-old driver who killed 10 with car to face trial

LOS ANGELES – An 87-year-old man must stand trial for killing 10 people as he drove his car through the Santa Monica Farmers’ Market last year, a judge ruled Wednesday.

George Russell Weller’s attorneys argued unsuccessfully that the elderly driver accidentally pressed the gas pedal instead of the brake and then went into a “panic” mode that prevented him from being able to stop.

But Deputy District Attorney Ann Ambrose countered, “He sent 63 people to the hospital and 10 people to the morgue. … That is not merely a tragedy. That is a crime.”

Los Angeles County Superior Court Judge Katherine Mader called the case unprecedented. Regardless of whether Weller went into a “hyper-vigilant” state after pressing the wrong pedal, Mader said, his error caused him to negligently drive the car through the busy marketplace.

“Mr. Weller continued to drive, with bodies flying over his car,” she said. “Mr. Weller did not react to the bedlam, the screams, the crashing of the stalls.”

Mader’s decision came after a seven-day preliminary hearing that included testimony from eyewitnesses, experts and officials from the California Highway Patrol.

Weller faces 10 counts of vehicular manslaughter with gross negligence, charges punishable by 18 years in prison. He is to return to court Nov. 17.