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People v. Crawford11/22/2004
Around 2:00 a.m. on February 16, 2002, Oakland police officers noticed an American-made sedan performing reckless driving stunts in an intersection before a crowd of onlookers. [FN1] When the officers attempted to confront the driver, the sedan drove away. As the police gave chase, the sedan sped away through a residential district, failing to stop at stop signs. The sedan ultimately entered an intersection with a major thoroughfare without slowing or stopping, traveling approximately 40 to 60 miles per hour. The sedan broadsided a vehicle at this intersection, killing the passenger, U'Kendra Johnson, and injuring the driver, Zakiya Carroll. After the collision, Eric DeShoun Crawford climbed out the driver's side window of the sedan and ran from the police. The officers apprehended Crawford and arrested him at gunpoint. A test of Crawford's blood detected the presence of cocaine metabolite and a blood alcohol level of .10.
FN1. The driver was apparently participating in a "sideshow," a gathering in which people block public roadways, dance in the street and on top of their cars, and compete in performing reckless driving maneuvers.
Crawford was charged with murder (Pen.Code, § 187, subd. (a)), [FN2] vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), and leaving the scene of an accident causing death or serious injury (Veh.Code, § 20001, subd. (a)). The information alleged enhancements for causing great bodily injury and also alleged Crawford had suffered three prior convictions, one of which (involuntary manslaughter) was a serious felony under section 667, subdivision (a)(1).
FN2. All statutory references are to the Penal Code unless otherwise indicated.
After the preliminary hearing, Crawford filed a section 995 motion to set aside the information, complaining the court had improperly prevented him from calling one of the investigating police officers. The court ruled Crawford's offer of proof regarding the testimony expected from this witness did not satisfy section 866 because it did not reference facts that, if believed, would establish an affirmative defense, impeach a prosecution witness or negate an element of a crime charged. Rather, the court observed, Crawford's purpose in calling the officer appeared to be to obtain discovery. The trial court denied the section 995 motion after briefing and argument.
Several months later, Crawford filed a written waiver of his constitutional rights and notified the court of his intent to plead no contest to gross vehicular manslaughter and leaving the scene of an accident, and to admit one prior strike conviction. The parties also agreed Crawford would be sentenced to a total of 27 years imprisonment, with at least 80 percent of the time to be served. At the change of plea hearing, Crawford confirmed his understanding of the charges and the plea agreement and the consequences of changing his plea. After personally waiving his rights to remain silent, to have a jury trial and to confront witnesses against him, Crawford entered no contest pleas and admitted the prior strike conviction, and the court dismissed the remaining charge and enhancements.
Consistent with the plea bargain, the trial court sentenced Crawford to a total of 27 years in prison: the upper term of 10 years for vehicular manslaughter (§ 191.5, subd. (c)), doubled to 20 years (§ 667, subd. (e)(1)), plus one year for leaving the accident scene--representing one-third the midterm of three years (Veh.Code, § 20001, subd. (b)(2))--doubled to two years (§ 667, subd. (e)(1)), plus a five-year enhancement for the prior serious felony conviction (§ 667, subd. (a)(1)). The court also ordered victim restitution totaling $11,854.94, with additional restitution fines of $1,000 imposed pursuant to se
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