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Judge refuses to lower bail for hit-and-run suspect
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More from Other NewsA judge said today that he was "strongly considering" lowering the bail for a Ventura man who is facing a felony charge of hit-and-run in connection with the death of Beth Dunn last week.
Ventura County Superior Court Judge Kevin McGee refused to lower the $100,000 bail, however, after learning from a prosecutor at the hearing that Randall Painter, 20, had been drinking alcohol shortly before hitting Dunn.
The judge said it was "horrible and tragic," and he ordered Painter to appear in court for another hearing on Aug. 2.
Painter, who was in court today for a bail-reduction hearing, is also charged with vehicular manslaughter, a misdemeanor. He was represented by his attorney, Ron Bamieh.
After the court hearing, prosecutor Rebecca Day said in an interview that there is an ongoing investigation into Painter's "consumption of alcohol."
But she said there is a good chance that he won't face a new charge related to alcohol.
"It looks unlikely at this time that he will be charged with a DUI," said Day, who declined to elaborate on the investigation.
"It is very serious that he fled the scene. He is underage and he had consumed alcohol. That is one of the reasons that he fled," Day said. "He was afraid of being caught having alcohol and being involved in this horrible, horrible accident...We are glad that the bail was kept at $100,000. I think it is very appropriate."
Outside the courtroom, Bamieh said he believes $100,000 is an excessive bail.
"He may have eventually been caught but he didn't turn himself in for those reasons," said Bamieh. "He turned himself in because he felt bad. He is remorseful. He's made that very clear. He's expressed his condolences repeatedly to the victim's family."
Bamieh asked the court to reduce the bail because his client had surrendered to police because of his "concern for the victim" and "feelings of remorse" for the family. He said his client is employed and could lose his job.
Bamieh said his client had no intentions of fleeing and not returning to court.
"He's not going anywhere," said Bamieh.
Day opposed lowering the bail, saying it was set according to the Superior Court bail schedule for this crime.
She noted the seriousness of the crime.
Day said Painter had a valid driver's license, no outstanding arrest warrants and no reason to flee. "But he did," she said, adding that this didn't allow police to further investigate whether he had been drinking.
Day then produced a sworn declaration made by a police officer, which was made to get a search warrant for Painter's pickup truck.
Painter admitted to police that he had been drinking alcohol before the accident, and police interviewed other people who said that Painter was drinking.
Police said Painter admitted to drinking three beers over a three-hour period before striking Dunn.
Also, Painter's cousin told police that Painter had been drinking, according to Day.
Bamieh told the judge that he had not seen this declaration. The judge ordered a recess to allow Bamieh to look at the search warrant and its declaration.
Bamieh later told the judge that this amount of alcohol is a "stretch" to consider a person being intoxicated.
Painter was "fumbling with his cell phone" when he struck Dunn, Bamieh told the judge.
Later, Bamieh said in an interview that the declaration he read stated that his client had a couple of drinks over three hours.
"Nobody would be intoxicated over that period of time with a couple of beers," he said.
Painter was driving a Ford pickup truck. The pickup matched the description of the truck that, according to police, hit Dunn as she rode her bicycle through a crosswalk at Victoria Avenue and Thille Street in Ventura just after 9 p.m. Friday.
Dunn, 45, died shortly after midnight. She worked as a clerk at Ralphs grocery store on Victoria Avenue in Ventura. A funeral service for her was held Wednesday.
Posted by TimeToThink on July 26, 2007 at 5:14 p.m. (Suggest removal)
I was at that hearing. The prosicutor didn't say they knew for sure that he had been drinking. They said he was suspected of drinking.
The judges decision is fair given the information presented and his record of bail considerations of similar cases. I'm glad to see unbais here.
As for the reporter.. once again the whole truth is not being presented... I'm very disappointed with the way things are being presented to the public.
Posted by angrygirl8284 on July 26, 2007 at 6:06 p.m. (Suggest removal)
Thank you, Judge McGee.
Posted by weekendgirl1109 on July 26, 2007 at 7:37 p.m. (Suggest removal)
See I told you people...there are witnesses that say he was drinking right before the accident even his own cousin said he had been drinking..if you read my previous comments, i had a feeling that he had been drinking because otherwise why would he of left and waited so long to turn himself in...he needed to sober up so that this way his charges would be lesser...my dad and sister were killed by a drunk driver...this woman only got one year in jail and put on probation...im sorry but drunk drivers should be charged to the fullest...she killed two people!!! now another drunk driver kills another person, an INNOCENT PERSON AT THAT JUST LIKE MY FAMILY!! they were just going to the grocery store and mrs dunn was just going home...
Posted by vta63 on July 26, 2007 at 7:39 p.m. (Suggest removal)
vehicular manslaughter is only a misdemeanor??? But hit and run is a felony? Please explain this to me.
Posted by optisaurus on July 26, 2007 at 7:59 p.m. (Suggest removal)
They explain it well on Wikipedia
http://en.wikipedia.org/wiki/Manslaug...
Posted by vta63 on July 26, 2007 at 8:16 p.m. (Suggest removal)
It explains WHAT manslaughter is, but does not explain why hit and run is a felony....so you can go out and unintentionally kill someone and it's a lesser charge than hit and run? Doesn't make sense to me. And the fact that he was drinking and knew if he hid out for a few days, they couldn't charge him with a DUI also, really angers me to no end. We all knew there was a reason, other than being scared, for him to run and hide.
Posted by busymommy on July 26, 2007 at 9:12 p.m. (Suggest removal)
I am happy to see that the judge kept the bail at the same amount. Of course he didnt turn himself in that night. He needed to sober up. Who cares how much he drank, he is underage and that is illegal. I am also happy to hear that his cousin is not covering anything up for him. You have to give him some credit for turning himself in. It does an adult to admit and face your crime. But he did kill an innocent person and leave her dying in the street, we all need to remember that.
Posted by zany on July 26, 2007 at 9:15 p.m. (Suggest removal)
I don't know. Drinking or not, drunk, who knows. I can only imagine the fear he had when he realized he had hit someone. I am NOT defending his actions, but fear causes us to do strange things and he is only 20. Without being graphic, I don't think I would want to see the damage I had done. I am much older than 20 now, but I can't say what I would have done at that age. My mother was hit on her bike a few years ago by a VERY drunk driver who probably didn't even know he hit her. For hours he drove around Ventura hitting parked cars, and who knows what else before he was finally caught. She was hurt, but non life-threatening--thank goodness.
Posted by vta63 on July 26, 2007 at 9:33 p.m. (Suggest removal)
But, had he not been drinking, he probably would have stuck around.
Posted by slkrchck on July 26, 2007 at 10:29 p.m. (Suggest removal)
i doubt it. i would think if he hadn't been drinking, he still may've been scared to death and many people have a first inclination to run. especially at that age. i was a passenger inan accident 20 years ago,and my first thought was to run. we we're not drinking. sort of like putting the baseball through the neighbors' window. i am in no way comparing this tragedy to youthful mischief, but the tendency to run is ingrained in many people. i am sorry for the dunn family. i've been keeping up with this story and it breaks my heart. i also feel some compssion for mr. painter. i am happy that he turned himself in, i am happy that he admitted to drinking although i wonder how drunk you could be if you had three drinks in three hours. i am happy that his cousin is cooperative. i am also pleased to hear of his remorse. who wouldn't be remorseful? he would really have to be some sort of monster to have enjoyed this. i am sad to see the anger this has produced. it's more healing to forgive. for yourselves. maybe not now, but sometime. hostility and righteous indignation is not evidence of love. the more i learn of this woman, ms. dunn, the more it seems she would be the first to forgive. i think he ran 'cause he was scared. i hope i never have to know how i would react in such a situation. and i hope you never do.
Posted by starlightnights on July 26, 2007 at 10:37 p.m. (Suggest removal)
Everyone drinks, and Im sure alot of them drive home cuz they got there and they need to get home so they get there keys thinks everything will be ok cuz they have done it in the past and they can get home ok. My ex just got out of jail for drinking and driving but they didnt make a big deal from that. Yeah Randall hit someone, yes he was scared but Im sure you wouldnt make a big deal if it was someone else. He made a mistake. He feels bad for what he did.
Posted by an_angel_watching_over_u on July 26, 2007 at 11:56 p.m. (Suggest removal)
i'm sure mr.painter wasn't drunk that night. we don't really know that. yes, one beer can impared your ability to drive, but a lot of people does it. specially teenagers, or people from 21 and up. when they go out clubbing, what happened next, they ended up driving home or else where. we all have done drinking and driving. the only different from this situation is we all made it home. but if you really think about it, we could have been in mr.painter's situation. maybe worst. we could have hit anyone that either, walking, riding their bike, or hitting another car and the car flip and killed the people inside. it is always easy to point fingers on anyone, because it didn't happened to us. always try to put your shoes in someelse life. i am still standing behind mr.painter for turning himself in and i'm proud of him. i wish that there are more people like you, who is honest and even though you were afraid, you came through to give the Dunn's family a peace of mind..
Posted by imbetnonit on July 27, 2007 at 12:25 a.m. (Suggest removal)
This is a horrible tragedy all the way around for everyone involved.
Posted by tellthetruth on July 27, 2007 at 12:36 a.m. (Suggest removal)
It is just disgusting that people are saying they are proud of painter for turning himself in! He killed a person folks, not a dog! He is old enough to know the difference between right and wrong, and did not turn himself in until they could not prove he had alcohol in him at the time of the accident... I think that is in the "How to get out of a hit and run handbook." I personally think he should spend his life in jail. HE KILLED SOMEONE! Get a clue people!
Posted by NothingButTheTruth on July 27, 2007 at 1:40 a.m. (Suggest removal)
Hit and Run only becomes a FELONY when injury and/or death occurs. I cannot believe the liberal comments I've just read... excuses, excuses. You can bet he talked to family/friends after killing Beth, but HOW MANY of them called VPD to tell them where to find him while he STILL had blood/alcohol EVIDENCE in his body? Zero! I'd about bet they told him "you better sober up before turning yourself in." Ever hear of the term "duece"? It came into being because people felt telling a cop they'd only had two drinks was good enough to fool them. I bet if he were put on "the box", you can bet he turned himself in AFTER talking to a lawyer who no doubt told him "you better express remorse early on... it will sound better to a jury of liberals. You commenters don't need to make excuses for Painter... Mr. Bamieh is already doing that... ie. cell phone fumbling; 3 beers/3hours. After having my mother almost killed by a drunk driver; my wife/daughter as peds in a crosswalk hit by a drunk driver; after having 3 cars rear ended by drunk drivers; after investigating hundreds of crashes where people were injured or killed by drunk drivers... call me unsympathetic to Mr. Painter. Yes, good ol'Mr. Painter who destroyed evidence after killing a human and taking off like a coward. By the way, the reason he is being charged with misdemeanor manslaughter is because this lack of alcohol evidence and inability to prove all the elements of felony manslaughter or 2nd degree murder. Mr. Bamieh would LOVE to have some of you on this guy's jury. Some of you would give him Paris Hilton's ankle bracelet and call it good. Let's take it easy on Painter; all he did was KILL someone.
Posted by TimeToThink on July 27, 2007 at 5:40 a.m. (Suggest removal)
Jennyfer-- How can you be pissed that people are proud/glad to see he turned himself in? Yes he killed someone, but the fact he turned himself in IS SOMETHING TO BE GLAD/PROUD OF!
As for the felony hit and run: a regular hit and run no death involved is listed as a felony as well. I think people tend to plead them down though.
Posted by vta63 on July 27, 2007 at 7:35 a.m. (Suggest removal)
I think that, at least for me, it wouldn't be such a big issue if the circumstances had been different. If for instance, she were in his blind spot and he didn't see her. Or if she rode out in front of him. But, he wasn't paying attention to what was going on around him outside on the road. And scared or not, he knew he was required by law to stay. He didn't have to get out of the truck to survey the damage, just stay there until the police arrived. He could have called 911 to tell them he had just hit someone (he had a cell phone with him at the time.) I don't think that only being 20 is an excuse for him running. There are 50 year olds that probably would have done the same, having been drinking prior to the accident. But, running just proved to those who speculated early on that he had been drinking, that that was actually the case. THAT is where my anger comes from. I don't hate Mr Painter, I don't even know him. I just hate the actions he took that night and waiting until there was no alcohol left in his system. To me, that is not taking responsibility, it's being selfish.
Posted by NothingButTheTruth on July 27, 2007 at 11:45 a.m. (Suggest removal)
TimeToThink: THIS is what the FELONY Hit & Run section says: 20001(a) CVC The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in the death of any person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004. There is no "regular" Hit & Run; the other section (20002 VC) is for property damage only.
Bear in mind he chose to turn himself in because he KNEW the police were closing in on him AND AFTER HE SOBERED UP. That certainly is NOT something to be proud of or glad about. Note that 20001 VC says "immediately stop"; not wait till you sober up or talk to a lawyer while your family/friends remain silent as to your whereabouts. You would feel entirely different were it YOUR loved on he'd KILLED.
Posted by vta63 on July 27, 2007 at 12:34 p.m. (Suggest removal)
Section 20003 CVC - Duty Upon Injury or Death
The driver of any vehicle involved in an accident resulting in injury to or death of any person shall also give his or her name, current residence address, the names and current residence addresses of any occupant of the driver's vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.
Section 20004 CVC - Duty Upon Death
In the event of death of any person resulting from an accident, the driver of any vehicle involved after fulfilling the requirements of this division, and if there be no traffic or police officer at the scene of the accident to whom to give the information required by Section 20003, shall, without delay, report the accident to the nearest office of the Department of the California Highway Patrol or office of a duly authorized police authority and submit with the report the information required by Section 20003.
Posted by TimeToThink on July 27, 2007 at 12:46 p.m. (Suggest removal)
Oh people please don't get me wrong, I'm not saying him running is excusable, I'm just saying I have understanding for the ammount of fear that could happen and what that can drive people to do. Fear is the strongest human emotion.
NothingButTheTruth-- You forget, you're not a psychic or able to read peoples thought or intentions. You have no idea why he turned himself in. As popular and well loved Ms Dunn was not everyone knew her, especially those who didn't live in the same area where she worked and didn't get to interact with her at her job-- which its always nice to see people who take such pride in their job as she obviously did, a real people person I'm sure. Ventura is a very big area in that sense. I don't feel anyone was "closing in on him" because until he had turned himself in people in my area hadn't heard a thing about it.
Posted by TBSBooBoo on July 27, 2007 at 1:27 p.m. (Suggest removal)
I grew up with Randy, and I can honestly say that he is one of the sweetest guys i have ever known. Other friends have said that he wouldn't hurt a fly. While i do feel bad for the family in this tragic accident, and do not make any excuses for what happened, i think it is rude and harsh to judge someones Character by what the papers report. Do any of you know him personally as i do? Then do not judge on what you do not know. It is unfair and cruel. He did not go out that night and think, hey i will go end someones life. Thats why they call these things accidents, because they happen unintentionally. Randy is a great guy, and this could have happened to any of you, although you might not have fled the scene as he did. I feel very sorry for Beth's family. But I also feel bad for Randy.
Posted by vta63 on July 27, 2007 at 6:08 p.m. (Suggest removal)
I'm sure he probably wouldn't hurt a fly...but it's the fact that he wasn't acting responsible while he was behind the wheel. They are judging HIS judgement. When you're driving, you have to be alert to everything around you at all times. And when you've been drinking, even drinking 3 beers, judgement and reflexes are impaired no matter what anyone says.
Posted by elainec7791 on July 27, 2007 at 7:07 p.m. (Suggest removal)
my cousin randall is a good person.i grew up with him and know his charecter.as for all of you who assume things let me refresh your memories about the old saying; when you assume things you make an ass of you and me!if any of you are religious you will understand that its in gods hands now.they say everything happens for a reason.whether we understand that reasoning or not.i will continue to pray for my cousin and give him support.thank you to the few who have supported randall,i know who you are thank you.
Posted by NothingButTheTruth on July 28, 2007 at 2:18 p.m. (Suggest removal)
TimeToThnk, I have about as much an idea as to why he turned himself in as YOU do. Notice how you FAIL to address the REAL issues: His family & friend he was in contact with did NOT call police and report him... they call that cover-up; How he chose to WAIT till he'd burned off EVIDENCE of alcohol use; How he waited till he had an attorney making excuses for him. Try addressing some of the FACTS.
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