A jury has viewed text messages written by a Point Loma woman minutes before she was mortally injured in a drunk driving crash in which her friend drove off a bridge near Sea World Drive in 2021.<\/p>\n
Those text messages were written by Sidnie Waller, 21, who described how scared she was by the driving of her friend, Jennifer Rae Xavier, now 23, on March 4, 2021.<\/p>\n
Both women were drinking alcohol at a Pacific Beach bar that night and Xavier was driving her parents’ BMW.<\/p>\n
Deputy District Attorney Philippa Cunningham put the text messages on a chart as she questioned California Highway Patrol officer Brad Clinkscales about them.<\/p>\n
“Please pray for me. I’m so scared,” wrote Waller. “Omg…This is not okay\u2026 Jenny drank so much and took a bar.”<\/p>\n
Clinkscales said the reference to “a bar” was slang for a tranquilizer and those comments were made “approximately two minutes before the crash.”<\/p>\n
Waller sent the messages to her brother and to a friend minutes before the vehicle plunged off a freeway ramp at high speed and landed upside down and partially submerged in Tecolote Creek.<\/p>\n
Xavier is charged with second-degree murder, gross vehicular manslaughter while intoxicated, DUI, and hit and run as she fled the scene. She has pleaded not guilty.<\/p>\n
“Drive her car! Tell her! You’re stressin’ me out!” her brother texted Waller back. “She can kill you!”<\/p>\n
“She’s not listening! She’s swerving all over. Almost ran into five cars,” replied Waller.<\/p>\n
The texting from Waller abruptly stopped when the car plunged over the railing, but the brother and the friend kept texting the victim, said Clinkscales.<\/p>\n
A jury of nine men and seven women that included four alternates listened intently in San Diego Superior Court on May 11 as the trial opened before Judge Peter Deddeh.<\/p>\n
Xavier’s attorney, G. Cole Casey, told jurors those text messages could not have been sent in such a short time period on Interstate 5 before the vehicle got onto the freeway ramp and crashed.<\/p>\n
Casey told jurors there was no evidence that Xavier used a tranquilizer that night and disputed that she left the scene of an accident.<\/p>\n
Cunningham said Xavier somehow got out of the car with her purse and jacket \u2013 leaving Waller behind \u2013 and climbed up the ravine while wet and got a ride from a motorist on the freeway ramp.<\/p>\n
Xavier’s attorney said she had injuries from the crash and may have suffered some brain trauma. Casey said “She was soaking wet and wandering” in the area, leaving her purse and jacket in the ravine.<\/p>\n
Cunningham said a friend of Xavier’s had warned her 16 months before the crash that she should stop drinking. She urged jurors to hold Xavier “accountable.”<\/p>\n
Paramedic Adam Brooks testified he waded into the water of Tecolate Creek with another paramedic to try and get the car door open to get Waller out.<\/p>\n
“I helped pull her to the shore. She was pulseless,” said Brooks.” “I did chest compressions all the way to the hospital.”<\/p>\n
Cunningham told jurors the main cause of death was drowning.<\/p>\n
The motorist who picked Xavier up on the freeway ramp called the police and an officer took Xavier to her home near SDSU before there was even a report of the overturned car.<\/p>\n
Xavier was not arrested until several days had passed and no blood\/alcohol tests were taken.<\/p>\n
Family members of both the victim and Xavier were present in the courtroom. Deddeh told jurors they would likely begin deliberations in the case on May 24.<\/p>\n
Xavier remains in jail without bail.<\/p>","protected":false},"excerpt":{"rendered":"
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