Rocklin man has been sentenced
Sean Matthew Walker — who slammed his vehicle into and killed California Highway Patrol Officer Kirk Griess of Vacaville and a Philippines national, Jaime Bueza Manuel, while they stood during a traffic stop on a westbound Interstate 80 shoulder in August 2018 in Fairfield — will do at least 183 days in Solano County Jail.
Judge Tim Kam, after hearing several victim impact statements and a presentencing report during Walker’s sentencing hearing Wednesday afternoon, pronounced the sentence after a brief recess in the proceedings in Department 7 in the Justice Building in Vallejo.
The sentence also includes 182 days in an “alternative sentencing program,” a communitybased corrections program that allows a defendant, once convicted, to serve out the court-ordered sentence in such a program rather than jail.
Kam also ordered Walker, a 39-year-old Rocklin man, to pay fines and restitution, perform 160 hours of community service, and participate in the CHP-Solano’s “Start Smart” program, a class that covers safe driving habits, and the CHP’s Adult Distracted Drivers program, which educates the public about the hazards associated with distracted driving.
Additionally, Walker will not be permitted to use marijuana unless authorized by a physician; will be subject to drug-and-alcohol testing; be required to complete an unspecified counseling program; drive only with a valid license.
Kam also ordered him to report to County Jail in four weeks to begin his time behind bars in Fairfield.
The sentencing comes after
Deputy District Attorney Haroon Khan and Walker’s defense attorney, Guyton Jinkerson, agreed to a plea deal on July 13.
Walker pleaded guilty to two counts of vehicular manslaughter by driving in a negligent or unlawful manner, not amounting to a felony but without gross negligence, and causing the death of another person. In such cases, the seriousness of the crime and punishment depend on the degree of negligence involved, that is, whether the driver was intoxicated and the driver’s prior criminal record. Walker was not intoxicated at the time of the collision but he was suffering what he thought were symptoms of a heart attack, was using his cellphone at one point to learn of them, and did not pull over during the time he drove on I-80 from Vacaville to Fairfield.
Among the victim impact statements was one from Griess’ parents, Helen and Sheldon Griess, which Khan read to the court, with more than two dozen people in the public gallery, including several Griess family members, a spokesman for Manuel, and several CHP officers, among them CHP-Solano commander Capt. Steve West.
Griess’ parents noted that their son was a Minnesota native and a Marine Corps veteran “who had a special gift of lighting up a room” when entering.
“Our hearts were broken that day,” the statement continued, and, reading, Khan added, “We miss him every day. The pain does not go away.”
Speaking on behalf of the Manuel family, Ricardo Naval, standing at the prosecutor’s table, said Manuel’s death left “a void … that can never be filled.”
Weeping and, at times, struggling to speak as he spoke into a microphone, Naval said, “We hurt.”
“We forgive you,” he continued, casting a look toward Walker, seated at the defense table in lightgray suit, his head shaved. “We hope you will find peace and be able to continue with your life without guilt.”
Khan then read a statement from CHP-Solano Nick Walter, who wrote that the Aug. 10, 2018, collision “was preventable.”
Reading from the probation services report, Khan noted that cellphone records indicated Walker searched for “symptoms of a heart attack” at 8:55 a.m. and the deadly collision occurred five minutes later.
Walker, according to the report’s wording, had “a lead of five minutes” to make a decision to reduce any potential harm to others, and, “if he were thinking of others, he would have pulled over,” but for a long, agonizing minutes, he continued to drive.”
Walker, noted Khan, did not change lanes to enter the slow lane, didn’t slow down while traveling at 70 mph “and killed two people.”
“He had forewarning,” said Khan, adding that the probation officer indicated Walker was engaging in an “aberrant driving practice.”
Kam asked Khan what he believed was appropriate punishment for Walker, and Khan asked for 1 ½ years in jail, plus 100 hours of community service, including a requirement to speak to community groups, including teenagers, about “the consequences of his poor choices.”
Immediately afterward, the judge asked Walker if he wished to make a statement. He stood up, cleared his throat, looked down at a folded white piece of paper, and said, “It breaks my heart” and “I am truly sorry.”
Asking Jinkerson to make a statement about the sentencing, the San Jose-based attorney said, “My client was remorseful” about the deaths and characterized
Walker as “a cohesive member of the community.”
Jinkerson supported the call for Walker to speak to community groups and said a suspended jail sentence was appropriate, and also noting that neither alcohol nor marijuana were factors in the collision.
“This was a negligent act,” said Jinkerson. “He’s clearly at fault.”
Returning from a 20-minute recess before announcing the sentence’s terms and conditions, Kam called the case “incredibly tragic” and agreed essentially with the defense’s contention during the preliminary hearing that “unusual factors” caused the collision to occur.
Walker’s sentence, the judge added, “strikes a balance.”
After the sentencing and as the courtroom cleared and members of the public entered the Justice Building’s hallway, Capt. West, dressed in black suit, declined to comment at length about the terms and condition of Walker’s sentence.
“There’s nothing I can say that will bring back Kirk Griess,” he said. “It’s tragic for everyone.”
The sentencing hearing came exactly three months to the day, when jurors were expected to fill out questionnaires for the trial, and Walker and the attorneys agreed to have him plead guilty to two counts of negligent vehicular homicide, a misdemeanor.
Had the trial gone forward, the outcome likely would have hinged on the few minutes before and after the fatal collision, whether Walker was using his cellphone at the time, in addition to questions about Walker’s claim of sudden medical fears while driving, perhaps his family medical history and the fact that he had a dualvalve heart monitor implanted in his chest some weeks after swerving and slamming into Griess and Manuel, who were standing roadside near the Manuel
Campos Parkway exit of westbound Interstate 80 in Fairfield.
Jinkerson could not be reached for comment at press time but, in an earlier interview after the plea deal was struck, he said: “I never believed that my client was guilty of vehicular homicide with gross negligence. There was persuasive evidence that he was having a medical event that led to him losing consciousness while driving. However, since he did not pull over when he first became concerned regarding his health, and drove for another five minutes, a jury could have concluded that he was negligent.”
He characterized Khan as “instrumental” in resolving the matter.
“I provided him with a significant amount of medical evidence, which allowed him to reassess the posture of the case and we were able to reach a resolution that I believe satisfies everyone impacted by the tragic events,” added Jinkerson.
In a press release sent after the plea deal, Solano County District Attorney Krishna Abrams said it was the prosecution’s initial belief that Walker was using his cellphone at the time of the collision, but subsequent forensic analysis showed he was not.
Additionally, Walker was later “also determined to have suffered from a medical condition that resulted in sudden, temporary loss of blood flow to the brain, often resulting in loss of consciousness,” she added in the prepared statement.
Abrams also noted that Walker, at the time, was not under the influence of legal or illegal drugs or alcohol.
Prior to agreeing to the plea deal, District Attorney’s Office officials met with CHP area command staff, CHP investigators, the Griess family and a representative for Manuel’s family, she said, adding, “At the conclusion of those meetings, all parties agreed on the resolution” as it was outlined.
“Any loss of life in our community is tragic,” said Abrams. “This is true whether it involves a police officer, or a citizen engaged in a routine traffic stop.”
Walker faced two counts of gross vehicular manslaughter. Khan alleged that the defendant, driving a large Chevrolet pickup truck, was traveling at a high rate of speed at about 9 a.m. Aug. 10 when, veering onto the westbound shoulder near the parkway exit in Fairfield, he collided with Griess, 46, of Vacaville, and Manuel, 49, a resident of Vallejo who was employed as a caregiver.
Griess and Manuel were taken to NorthBay Medical Center in Fairfield, where they later died. Walker was taken to Kaiser Permanente Vacaville Medical Center and was treated and later released.
Court records show that Walker was arrested on Aug. 16, five days after the vehicle he was driving struck Griess, a motorcycle officer, and Manuel during a traffic-enforcement stop.
Walker eventually posted $90,000 in bail and left Solano County Jail custody. He pleaded not guilty to the charges.
During his closing argument at the preliminary hearing, Khan asserted there was enough evidence to hold Walker on the charges, saying the defendant’s driving pattern indicated “gross negligence.”
In his final remarks, Jinkerson disputed Khan’s claim that speed was a contributing factor.
“I don’t think speed is the issue here,” he countered. “Going 75, 65, or 50 — the result would have been the same. The issue is what caused this (fatal collision) to occur.”
With both parties agreeing to the plea deal, Walker avoided the possibility of a maximum penalty — for one count alone — of a state prison sentence of two to six years, plus a fine up to $10,000.