Man found guilty in fatal hit-and-run
The mother of an 11-year-old El Centro boy killed by a hit-and-run driver in April 2015 expressed gratitude on Monday when a jury convicted the driver, James Edward Killian, for felony hit-and-run as well as misdemeanor vehicular manslaughter.
Yet, Killian’s pending sentencing hearing has the potential to further upend the life of Charla Huggins, whose youngest son, Avory Glover, was struck and killed by Killian as Avory and two friends walked along Dealwood Road the night of April 4, 2015 in El Centro.
The convictions for the two charges carry a potential maximum prison sentence of four years, which Huggins said hardly bring her and her family’s supporters any sense of justice.
“There’s people sitting in that county jail right now doing more time for petty crimes than he’s going to be doing for killing a child,” Huggins said. “That’s unfair.”
Just as troubling, Huggins said, is the possibility that Killian will serve out his sentence in the county jail instead of prison, or that the county Superior Court judge who presided over the trial will grant Killian probation in place of the prison sentence.
“I’m going to feel like justice was not served at all if he gets probation,” Huggins said. “But in my heart of hearts I don’t think he will get probation.”
The jury’s announcement of its verdict on Monday morning capped a two-year ordeal for Huggins, who said her once tight-knit family has been gravely impacted. Since the fatal incident, Huggins said she has had to take medication to help cope with the aftermath, and that Avory’s siblings have grown increasingly despondent and withdrawn.
“I want restitution for pain and suffering because he has put my family through two years of hell,” Huggins said. “He could have manned up and took responsibility for what he did.”
Instead, Killian chose to flee the scene of the crime, subsequently hide his vehicle in the countryside near Seeley and eventually claim upon his arrest that he had sold his vehicle the morning of the incident, according to information presented in court.
The jury of five women and seven men had deliberated for about five hours over the course of two days prior to reaching its verdict Monday morning.
Killian’s arrest on April 10, 2015 by the California Highway Patrol resulted from two separate community members having contacted the authorities to express suspicions about Killian’s possible involvement shortly after the CHP requested the public’s help in locating the hit-andrun driver and vehicle that struck Avory.
One of those community members testified in court that Killian showed up to work on the Monday immediately following the Friday incident without his vehicle and acting strange.
The community member also testified that he had reportedly overheard Killian muttering to himself that he did not want to go to jail.
Killian’s reported statement also proved crucial to county Superior Court Judge L. Brooks Anderholt’s decision on Monday to remand Killian into custody following his conviction and impose an increased bail amount of $350,000.
“That does give the court concern about the issue of flight,” Anderholt said, referring to Killian’s comments about wanting to avoid jail time.
In determining Killian’s bail amount on Monday, Anderholt expressed serious doubt that Killian posed any threat to the public at large, although the prosecutor had argued that Killian could not be trusted to do the right thing should he somehow be involved in a similar situation while driving a vehicle.
“I don’t think he deserves bail,” said county Deputy District Attorney Jodi Miller. “Look at the lies he told to cover up in order to avoid punishment in this case.”
Miller had sought an increased bail amount between $500,000 and $1 million.
In making his decision on Monday, Anderholt appeared to agree with defense attorney Donald Levine, who argued that Killian did not pose any risk to the public’s safety since Killian no longer had a driver’s license or a vehicle.
Levine also attempted to persuade Anderholt to not impose a substantial increase in Killian’s bail, citing the defendant’s 25 court appearances during the trial while out on a $150,000 bond, as well as the fact that Killian had a minimal criminal record with no new run-ins with the law following his initial arrest.
“The reasons given to court for increased bail really don’t exist,” Levine said in response to Miller’s arguments.
Levine also indicated in court that he is planning to request Killian be given probation instead of a prison sentence and that he would likely file a motion seeking a new trial for the manslaughter conviction after being told by the jury foreman that some confusion arose about information presented in court regarding the speed limit on Dealwood Road.
During the trial, the defense had contended that the tragic incident was an accident and not a crime, while the prosecution argued that Killian was driving at a rate of speed that was unsafe for the conditions on Dealwood Road.
Evidence presented in court suggested Avory and his two friends were walking near the road’s shoulder at the time Avory was struck and that he had landed 94 feet away from the point of impact.
A native of Arkansas, Avory was described as a popular Harding Elementary School sixth-grade student who was well liked by those he met and who never lost his Southern hospitality.
The fatal incident has also left a profound and lasting impact on both of his friends who were with him that fateful night, said Adelina Cardenaz, the grandmother of one of the children.
“It’s really upsetting them so much,” said Cardenaz, who attended the trial regularly.
Killian is scheduled to appear at the El Centro courthouse for sentencing on July 11.