The driver accused of hit-and-run in the death of a UC San Diego student rejected a plea deal Feb. 28, saying he would rather face a second trial.
A May 29 retrial was set for Corundolus Toussaint, 39, who is accused of killing Andres Perkins, 21, on Interstate 5, on Feb. 24, 2018 at 2:45 a.m.
His attorney, Manuel Avitia III, told San Diego Superior Court Judge Paula Rosenstein his client was aware of the offer in which the judge said she would consider imposing a limit of three years in prison if he pleaded guilty.
The maximum sentence for hit-and-run in a traffic fatality is six years in prison, said Deputy District Attorney Karra Reedy.
The jury in Toussaint’s trial deadlocked Feb. 19 and Rosenstein declared a mistrial when they said they were hopelessly deadlocked.
According to testimony, Toussaint picked up a woman he did not know in Mission Beach around 2:15 a.m. and became distracted before he struck and killed Perkins on Interstate 5 near the Old Town exit.
Toussaint abandoned the damaged, blood stained vehicle at a service station on Pacific Highway, and turned himself in to authorities two days later. California Highway Patrol officers found the car’s license plate not far from the body. The car was registered to Toussaint’s girlfriend.
He has pleaded not guilty and remains in jail on $140,000 bail.