A judge has rejected a bid to release a drug-impaired driver on bail who is charged with second-degree murder in the death of architect Laura Shinn who was struck and killed while riding her bicycle to work in 2021.
San Diego Superior Court Judge Laura Birkmeyer turned down the motion by attorney Joshua Price, who represents Adam David Milavetz, 38, of Pacific Beach, in a hearing on March 10, but acknowledged she could change her mind in the future with a different proposal.
Milavetz, wearing jail clothing and a white mask, looked down in disappointment. Moments later he pleaded not guilty to murder and gross vehicular manslaughter in the July 20, 2021, death of Shinn, 57.
Birkmeyer set a trial date for Oct. 12. A jury will have to decide if he is guilty of either vehicular manslaughter, or murder, guilty of both charges, or if he should be acquitted.
Shinn was on Pershing Drive in North Park on her way to work at 7:30 a.m. as the director of facilities planning at San Diego State University when she was struck from behind by Milavetz’s 2011 Prius while she was in a bicycle lane. Witnesses said Milavetz pulled over and immediately threw two bags of meth over a fence. Investigators later found 29 needles and drugs in his car.
Price had suggested he wanted Milavetz to have drug treatment and housing along with a provision that he does not drive or use alcohol. He said he wanted Milavetz to be released on a structured path.
Price said Milavetz came down with COVID-19 during the eight months he has spent in jail. He also said his client was diagnosed recently with bipolar disorder.
“This is not someone who should be out on the street,” said Deputy District Attorney Kelsey Hollander. “He’s already killed somebody.”
“I don’t think the public is being protected if he is let out of jail,” said Hollander. “He’s been doing drugs for 20 years.”
Hollander noted that Milavetz was arrested on a drug charge three weeks earlier, but did not seek drug treatment then. She quoted him as saying “it’s easy to fake being sober” to someone.
Price asked Birkmeyer to rule on the bail motion because she handled the preliminary hearing over three days in January in which she ordered him to stand trial on all charges.
The judge said Milavetz has a long history of drug use and the recent diagnosis of bipolar disorder is a complex issue. Birkmeyer said there weren’t enough conditions to protect the public.
He remains in the George Bailey Detention Facility without bail.