Marin jury finds driver guilty in fatal hit-and-run
A Marin County jury has convicted a driver who struck and killed a motorcyclist on Highway 101, then attempted to cover up the crime.
Frank Anthony Barone Jr., 34, was found guilty of a felony hit-and-run charge and a felony count of conspiring to obstruct justice. Barone faces a potential prison sentence of up to four years and eight months, said Deputy District Attorney Andrea Buccine, the trial prosecutor.
Barone, who had been free on bail pending the trial, was booked into the county jail after the verdict on Monday afternoon. The sentencing is set for June 23 before Judge Geoffrey Howard.
“While this is a victory for Marie and for justice, it is a bittersweet one,” said Connie Siegenthaler, the mother of the motorcyclist, Marie Noelle Siegenthaler. “It will not bring Marie home to us and we miss her every day. I want to thank the CHP and the DA's office for their tireless pursuit of the evidence and the hours of work they put in to prepare for the trial. This is their victory as well.”
Barone's defense attorney, Charles Dresow, declined to comment before the sentencing.
The crime happened at about 10:10 p.m. on March 26, 2018, in the southbound lanes near East Blithedale Avenue in Mill Valley. Siegenthaler, 29, was riding home to San Francisco after visiting her family in Fairfax.
Authorities said Barone hit Siegenthaler from behind with his Chevrolet Tahoe and drove off. Siegenthaler fell to the road and was hit by a second vehicle, whose driver pulled over to wait for police.
The California Highway Patrol investigated the case and obtained vehicle debris from the collision site. Police found the damaged vehicle in June after receiving a confidential tip, according to the prosecution. It was at an auto repair shop in Petaluma that is owned by Barone's uncle.
A CHP officer questioned Barone, who acknowledged being in southern Marin on the night of the collision but denied being involved in it. He said he brought the vehicle to his uncle's shop for unrelated repairs.
The uncle's former girlfriend told police that the uncle met Barone in Sausalito
the night of the collision to hide some of the damage and get the vehicle back to the shop in Petaluma, according to a prosecution filing.
The former girlfriend also told police that she had heard Barone yelling at the uncle “for not putting the Tahoe inside the shop so it couldn't be seen,” the filing said.
“Prior to defendant being identified as the driver of the vehicle, they would brag about covering up the crime,” it said.
The CHP also conducted an analysis of Barone's cellphone records and determined that he had been texting at about the time of the collision.
The district attorney's office filed charges in April 2019 after additional investigation. The CHP arrested him in Moorpark, Ventura County, where he was living.
The original charges included a vehicular manslaughter count that the prosecution dropped later.
“We dismissed it because it was a misdemeanor and decided to proceed solely on the felony counts as we believed
the conduct warranted a prison sanction if convicted,” Buccine said.
The trial was delayed until this year amid the case backlog stemming from the COVID-19 pandemic.
Barone is also facing a civil lawsuit filed by Siegenthaler's family. Barone's uncle, Rich Gustafson, is named as a codefendant along with other members of Barone's family.
Gustafson did not return a call seeking comment on Tuesday. His lawyer was not available.
Gustafson was not charged in connection with the criminal investigation.
“We will not be commenting on that issue,” District Attorney Lori Frugoli said.
The Siegenthaler family has established a nonprofit in the victim's honor to offer scholarships for students at the College of Marin and California State University, Monterey Bay. Siegenthaler, a graduate of the former Sir Francis Drake High School, was accepted to the science illustration program at the state university, but she died before learning she had been admitted.
The nonprofit's website is tentaclesandwings.org.