A judge April 21 ordered an alleged drunk driver to stand trial for gross vehicular manslaughter while intoxicated in the Feb. 12 death of Maruta Gardner, a well-known activist who died while painting over graffiti in Mission Beach. Two dozen witnesses, including Gardner’s husband William, testified in the two-day preliminary hearing of Jonathan Domingo Garcia, 23, heard by San Diego Superior Court Judge David Rubin. Garcia was also under the influence of marijuana and a tranquilizer at the time, according to testimony. He was also ordered to trial for hit and run after he struck Gardner, 69, who suffered skull fractures when she was struck by Garcia’s vehicle in the 600 block of San Diego Place around 5:45 p.m. Garcia drove off but returned minutes later, at which time spectators pointed out his car to police officers. Garcia was also ordered to stand trial for hit and run of another car, driving under the influence of alcohol and drugs and two vandalism counts involving the slashing of tires of parked cars near Belmont Park hours earlier. Garcia pleaded not guilty at the end of the hearing, and Rubin set a trial date of Sept. 9. Garcia remains in jail on $550,000 bail. Gardner was well known for painting over graffiti in Mission and Pacific Beach. She had stepped off the curb and was taking a photo when she was struck. Officer Brett Davis testified he stopped Garcia’s car at 2695 Mission Blvd. and noticed that Garcia had used the windshield wipers to clear out some spilled paint. Davis said he could smell the odor of burning marijuana in the car. Davis said he asked Garcia for his car keys and that Garcia relinquished them before getting out of the vehicle but that Garcia repeatedly asked where his keys were. Officer Jason Costanza said he determined Garcia was under the influence and arrested him. He said Garcia asked him five times where his wallet was after telling him that officers would locate it and secure it. Costanza testified he told Garcia the woman he struck might die. Immediately, Garcia asked if there was any damage to his car and could he or his mother get his car and belongings. Costanza said those comments illustrated short-term memory loss that intoxicated people experience. Garcia’s attorney, Gerald Smith, argued that his client may have committed ordinary negligence but not gross negligence, and he unsuccessfully sought to reduce the charge. “It was an accident. That’s truly what it was,” said Smith. “We have an individual who has no clue of what happened that day.” Deputy District Attorney Steve Schott said Garcia was driving at 28 miles an hour before crashing into Gardner. Rubin said, “This is a case of gross negligence at a minimum.” Schott said that if Garcia is convicted, he faces 15 years in state prison. District Attorney investigator Michael Edwards testified the owners of the vandalized cars had to replace tires at a cost of $194 and $150 respectively. Someone observed Garcia and his passenger vandalize the cars by pouring a white liquid on the hoods and wrote down Garcia’s license plate number.
