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People v. Ortiz5/23/2003
CERTIFIED FOR PUBLICATION
On the morning of September 29, 2000, Anthony Pilton, his wife Nicole, and their two sons-Adam and Steven-were traveling south on Highway 29, near Napa, in their rented Ford Taurus. The Pilton family was visiting California from their home in New Zealand. Anthony drove, Nicole occupied the front passenger's seat, and the boys sat together in the back. About a fifth of a mile south of the entrance to Bothe State Park, the Piltons' car was struck by a 1972 Ford flatbed truck that, traveling at high speed, had crossed the double yellow centerline dividing the highway and crashed head-on into them. Defendant owned and was at the wheel of the Ford truck. Anthony and Adam Pilton were killed outright in the collision; Nicole and Steven were injured, both seriously.
In the ensuing accident investigation, California Highway Patrol officers determined defendant's truck was mechanically sound at the time of the collision and capable of reaching speeds in excess of 100 miles an hour. Defendant, the investigating officers determined, was about 350 feet from the collision site when he pulled out to pass a Toyota 4- Runner, crossing a double yellow line. He had a full view of oncoming traffic when he attempted to pass the Toyota, and was traveling at approximately 65 miles an hour. Given the road terrain and highway visibility, a prosecution expert testified, defendant's driving was "extremely dangerous."
Others who had witnessed the collision testified at defendant's trial for second degree murder. Gregory Remesal, traveling northbound on Highway 29 that morning, saw a white Ford truck stop in the southbound lane, execute a U-turn and accelerate quickly into the northbound lane. Traveling at an estimated speed of 55 miles an hour, the driver, according to Remesal, drove very close to the rear of a small car and then "slam on the brakes." Following the truck, Remesal observed it tailgating the car in front "aggressively," driving as if to overtake it but unable to do so because of oncoming traffic. The driver of the white truck was "very reckless," according to Remesal, and "extremely dangerous." Remesal estimated the truck's speed as at least 80 miles an hour when it overtook the small car. As he rounded a curve in the highway, Remesal saw the collision scene. He also saw defendant leaving his truck and then begin running to the road shoulder.
At about the same time, Christina Palma and her passenger, Karen Campbell, were proceeding north on Highway 29 in Palma's 1987 Mazda station wagon. Palma noticed a white Ford truck close behind her. Frightened, she accelerated to put some distance between them. Three times the truck attempted to overtake her, dropping back each time because of oncoming traffic in the southbound lane. Eventually, crossing a double yellow line, the Ford truck passed Ms. Palma's car, "flying around those curves." Ms. Campbell, Ms Palma's passenger, testified she saw the white truck pull off the side of the road, execute a U-turn and pull quickly in behind Palma's car, cutting off a white van. She observed dust flying behind the truck's tires and characterized the driver as "fast and irresponsible," as well as reckless and dangerous. Defendant pulled to within "a foot" of Ms. Palma's vehicle, frightening both women. As defendant's truck passed them, Ms. Campbell testified, it was traveling somewhere between 50 and 80 miles an hour, close to the centerline.
Jane and Charles Mack were riding in their green Toyota 4-Runner that morning when they were passed "very dangerously" over a double yellow centerline by a compact silver or blue automobile. The occupants of that car, Ms. Mack testified, a woman and two men, were laughi
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