Time running out for case

Deepa Bharath

COSTA MESA -- It has been almost a year since a speeding car hit and

killed longtime Costa Mesa resident Douglas Boniface as he crossed

Newport Boulevard on his bike.

Boniface, 76, was headed to the beach, where he usually took a brisk

walk at the crack of dawn.

But on Sept. 23, Boniface never made it to the sand.

His wife, who typically cooked his favorite breakfast of bacon, eggs,

and fried onions and tomatoes and had it ready and waiting on the table,

never saw him eat it.

A year has passed since the tragedy. But the wounds are still raw for

the family, especially daughter Chris Potter, who has remained determined

to find witnesses to the incident. Witnesses who might come forward and

tell the police what they saw that early morning at the intersection of

Industrial Way and Newport Boulevard.

Jason Tillery, the driver of the car that hit Boniface, was arrested

on suspicion of vehicular manslaughter and driving under the influence.

Officials say Tillery told officers he did not remember which lane he

was in but that he knew he was proceeding on a green light.

He was released soon after because the district attorney did not file

charges, said Costa Mesa Police Traffic Investigator Floyd Waldron.

Waldron said Tillery, when tested by officers more than two hours

after the incident, had a blood alcohol level of .12, far more than the

legal limit.

“He also had two prior DUIs,” Waldron said. “And we do suspect he was

speeding.”

The speed limit on that segment of Newport Boulevard is 45 mph. But

investigators believe Tillery was doing more than 50 mph, Waldron said.

But that is still not enough to file a vehicular manslaughter charge

against him, officials say.

Waldron noted that it is fairly common for cyclists to cross on a red

light, especially during the early morning hours when traffic is light.

“So we can’t rule that out either, unless we have a witness who tells

us exactly how it happened,” he said.

Having no witnesses come forward has been the biggest obstacle in her

way, said Deputy Dist. Atty. Elizabeth Henderson, who is prosecuting the

case.

“No witnesses so far have actually seen the collision,” she said.

Some witness out there, still unknown, could hold the key that will

solve the case, Henderson said.

That key needs to appear quickly.

The law dictates that misdemeanor charges cannot be filed against

Tillery past a year after the incident, Henderson said. That deadline

will pass Sept. 23.

Felony charges can be filed until three years after the incident,

Henderson added. But even that isn’t so simple.

“If we file a misdemeanor charge before Sept. 23 now, we cannot add on

felony charges later,” she explained. “It’s a double jeopardy situation.”

Potter said she and her family feel tortured by the limitations the

law presents.

“It is so frustrating for us,” said Potter, who spent days after the

incident standing at the intersection where her father was killed,

holding up signs to passing motorists, asking them if they saw the

incident.

“I did not know that when you drink and drive and kill someone, that

is not enough to convict you.”

It has been an emotionally trying time as well, she said.

“It’s so hard because a big part of your life has been snatched away

from you,” Potter said.

Even the memories are unbearable, she said.

“The other day, my mom and I were at the senior center and they had

placed a plaque there dedicated to my dad. We just couldn’t bear to be

there. It was too hard.”

Potter said she and her family have received some help, advice and

comfort from victim advocates and social groups.

Still, dealing with a death caused by a possible DUI can be extremely

difficult, said Orange County Victim Advocate Ryan Gilmore.

“It is unfortunate that the law doesn’t take a DUI manslaughter as

seriously as a homicide,” he said.

Drunk driving is a common problem in the Newport-Mesa area, Gilmore

said.

“We don’t have much crime otherwise,” he said. “But this is a problem

that affects quite a few people locally.”

Drunk driving laws are not weak, but cases such as these do make it

seem like there are loopholes, said Reidel Post, executive director for

the Orange County chapter of Mothers Against Drunk Driving.

“This is one of the worst examples of what can happen,” she said.

“Legally, there’s an enormous problem and our hearts really go out to

Chris and her family.”

* Deepa Bharath covers public safety and courts. She may be reached at

(949) 574-4226 or by e-mail at o7 [email protected] .

FYI

Anyone who may have witnessed this incident or who has information is

asked to call Investigator Floyd Waldron at (714) 754-5264.