Murder charge thrown out for Ontario man

By Will Bigham, Staff Writer
Article Created: 10/31/2008 09:40:44 PM PDT
RANCHO CUCAMONGA - A West Valley Superior Court judge threw out a murder charge Friday filed against an Ontario man who failed to help his girlfriend as she died of a drug overdose.

Prosecutors argued that Andrew Girvan, 32, effectively murdered 23-year-old Miranda Daly on Aug. 13, 2007, because he supplied her with drugs at his Ontario home.

In addition, Girvan failed to help Daly as she lay incapacitated, and he threatened to kill other people at the home who insisted that Daly, of Corona, needed medical attention, prosecutors said.

Judge Mary Fuller apparently disagreed that Girvan's actions rose to the level of murder, and dismissed the second-degree murder charge.

Girvan's defense attorney had filed a motion to dismiss both the murder charge and an involuntary manslaughter charge.

Fuller ruled that Girvan must stand trial for involuntary manslaughter.

The difference between the potential prison sentences for second-degree murder and involuntary manslaughter are substantial.

If Girvan were convicted of second-degree murder, he would face a prison sentence of 15 years to life. Involuntary manslaughter carries sentences of two, three or four years.

In her motion to dismiss the charges, Donna Fernandez, Girvan's attorney, argued that there was no evidence that Girvan forced Daly to ingest the ecstasy and morphine that killed her.

Simply supplying drugs that contribute to death is not tantamount

to murder, she argued.

"Handing someone a gun is not the equivalent of shooting them," Fernandez wrote. "If this evidence is sufficient for the murder charge to lie, anyone who sells or furnishes a drug to someone who subsequently dies will be subject to murder charge if the drug is a contributing factor to their death.

"Such is not the law."

In his response to Fernandez's motion, Deputy District Attorney Michael Dowd argued that Girvan's actions met the standard of "implied malice" necessary for a second-degree murder conviction.

"By giving her the drugs and then standing idly by, he showed a conscious disregard for her life," Dowd said.

Dowd said that three other people at Girvan's home saw that Daly was in need of medical attention and urged Girvan to do something.

He responded angrily to the suggestions, ordering no one to touch Daly and threatening to kill anyone who did. He was also walking around his home with guns, Dowd wrote.

"The defendant stated, `When she shops breathing, that's when we have a problem,"' Dowd wrote. "The victim did stop breathing due to the actions by word and deed of the defendant. He has a problem. He murdered her. He is the cause of her death."

After the hearing, Daly's mother, Debbe Case, was visibly upset over the judge's ruling.

"I'm very shocked," Case said. "I can't even process it right now because he clearly, intentionally wanted her to die. It's clear in all his actions. ... How can (Fuller) say there was no intent to murder?"

The court set a trial date of Nov. 17.

In addition to the involuntary manslaughter charge, Girvan faces a felony firearm possession charge and two felony charges of possession of drugs for sale.

will.bigham@inlandnewspapers.com

(909) 483-8553



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Bail up to $1M in OD death
Man accused of refusing help for his girlfriend

By Rod Leveque, Staff Writer
Article Created: 03/05/2008 09:51:24 PM PST

RANCHO CUCAMONGA - A judge increased bail to $1 million Wednesday for an Ontario man accused of failing to get medical help for his girlfriend as she died of a drug overdose.

The move came less than a week after prosecutors charged Andrew Girvan with murder in connection with the Aug. 12 death of Miranda Daly.

Girvan, 31, pleaded not guilty to the charge during his arraignment Wednesday morning in West Valley Superior Court.

The case against Girvan is unusual because it generally is not illegal for ordinary citizens to refuse to help others in need.

Girvan's attorney, Deputy Public Defender Donna Fernandez, said Wednesday that Girvan loved Daly, and called the murder charge against her client "outrageous."

"I don't believe he ever expected her to die, let alone intended for her to die," Fernandez said. "Her death was the tragic result of the party lifestyle she had chosen."

Until last week, Girvan had been charged with involuntary manslaughter. Prosecutors upped the charge to second-degree murder Friday after evaluating testimony from a preliminary hearing two weeks ago.

Several witnesses testified during the hearing that they were in Girvan's home as Daly slowly died of an overdose of morphine and Ecstasy.

The witnesses said they wanted to get medical help for the 23-year-old woman, but Girvan would not let them.

They said he walked around the home carrying an assault rifle and other weapons, and

led them to believe they would be harmed if they took Daly to the hospital or called paramedics.

Deputy District Attorney Michael Dowd said the murder charge is warranted because Girvan acted with a "conscious disregard" for Daly's life.

Daly's friends and family have said the woman was not a drug user, and they believe Girvan intended for the woman to die.

Girvan's bail had been set at $75,000 when he was facing the manslaughter charge.

Dowd asked that it be raised to $1 million because that amount is standard for murder cases in San Bernardino County.

Judge Mary Fuller agreed.

Girvan, who remains in jail, will return to court on March 28 for a pretrial hearing. His trial is tentatively scheduled to begin on April 14.

 

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O.D. case scope grows

Man charged with murder

By Rod Leveque, Staff Writer
Article Launched: 03/01/2008 12:00:00 AM PST

RANCHO CUCAMONGA - An Ontario man accused of failing to help his girlfriend as she died of a drug overdose is now facing a murder charge.

Andrew Girvan had been charged with involuntary manslaughter in connection with the August death of 23-year-old Miranda Daly.

Prosecutors upped the charge Friday, saying they now believe Girvan was not only negligent but malicious when he failed to summon medical help for the woman and then interfered with other people who tried to step in.

"By allowing her to die in the way she did, he acted in conscious disregard of human life," Deputy District Attorney Michael Dowd said. "So we feel this is an appropriate charge."

The manslaughter charge carried a penalty of up to four years in prison. The second-degree murder count could land Girvan behind bars for 15 years to life.

The new charge marks a remarkable turn of events in the case.

Daly's family and friends initially had trouble persuading the San Bernardino County District Attorney's Office to consider Daly's death a homicide.

The circumstances of the death posed tricky legal issues for prosecutors because it generally is not illegal for an average citizen to refuse to help someone in need.

Only after heavy lobbying by Daly's mother, Debbe Case, did prosecutors charge Girvan, 31, with manslaughter.

That charge cleared a major legal hurdle last week when a judge ruled prosecutors had sufficient evidence to

take Girvan to trial.

Three witnesses testified at a preliminary hearing that they were inside Girvan's home with Daly in the early morning of Aug. 12 as she slowly slipped away from an excess of morphine and Ecstasy. /p>

All three said it was clear to them that the woman was dying as she lay unconscious for more than six hours.

They testified that they pleaded with Girvan to allow them to take the woman to a hospital, but he refused.

They said Girvan, a reputed drug dealer, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.

Dowd said the strength of that testimony prompted him and his supervisors to re-evaluate the case.

The prosecutor also said he believed evidence in the hearing suggested Girvan supplied Daly with the drugs.

Girvan's attorney, Deputy Public Defender Donna Fernandez, did not return a call seeking comment Friday afternoon.

Fernandez said last week that she believed prosecutors were stretching to charge her client with manslaughter, and she was considering filing a motion to have the charge dismissed.

Case, meanwhile, said Friday she has always believed Girvan deserved to be charged with murder.

The announcement of the murder charge gave her a glimmer of hope that Girvan may face the sort of justice she believes he deserves.

"I'm so relieved," she said. "I can't even tell you. All I could do when I found out this morning was just cry."

Girvan is due for arraignment Wednesday in West Valley Superior Court.

Dowd filed a request to have Girvan's bail increased from $75,000 to $1million as a result of the new charge.

The higher amount is standard for murder cases.

GGirvan remains in jail.

r_leveque@dailybulletin.com

(909) 483-9325

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O.D. case to proceed

Judge orders trial in woman's drug death

By Rod Leveque, Staff Writer
Article Launched: 02/23/2008 12:00:00 AM PST

RANCHO CUCAMONGA - A novel homicide case cleared its first major legal hurdle Friday when a judge ordered an Ontario man to stand trial for allegedly failing to help his girlfriend as she died from a drug overdose.

The judge ruled prosecutors may press forward with an involuntary manslaughter charge against 31-year-old Andrew Girvan despite laws that say ordinary citizens have no legal obligation to help each other in times of need.

"It's an interesting case," Judge Raymond Van Stockum said in handing down his ruling. "It has some interesting issues, and I'm sure it will be an interesting trial."

Girvan is charged in connection with the Aug. 12 death of Miranda Daly. The 23-year-old Corona woman died of an overdose of morphine and Ecstacy in Girvan's home in the 2500 block of Imperial Place.

Generally, the only time citizens are legally required to help each other is when they have a specific duty to do so. A parent, for example, is obligated to help his child. An on-duty lifeguard is obligated to help somebody drowning in front of him in a swimming pool.

Girvan did not share any of these traditional relationships with Daly.

The San Bernardino County District Attorney's Office, however, broadly interpreted these laws to construct a theory to hold him responsible for her death anyway.

They say he not only failed to help Daly as she died, but also stopped several other people from coming to her aid.

By doing so, he implicitly assumed the responsibility to get her medical care, they claim.

During a two-day preliminary hearing that concluded Friday in West Valley Superior Court, three witnesses who were in the home with Girvan and Daly testified that they pleaded with Girvan to allow them to take the woman to a hospital as she laid unconscious for more than six hours.

They said Girvan, a reputed drug dealer, appeared indifferent to the woman's condition.

They testified he flatly refused to allow them to get her help, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.

Girvan's attorney, Donna Fernandez, argued in court that Girvan was no more responsible for Daly's death than the three witnesses.

She said the trio had ample opportunity to call for an ambulance but, like Girvan, chose not to.

She argued that they exaggerated the supposed threats from Girvan after the fact to justify their own lack of action.

Outside the courtroom, Fernandez said she may seek to have the involuntary manslaughter charge dismissed before a trial begins.

"I think the DA is really trying to push the envelope with this," she said.

Deputy District Attorney Michael Dowd said the judge's decision to hold Girvan for trial proved the prosecution's legal theory is sound.

Though the precedent may be thin, the facts of the case are strong, he said.

"You always wonder how a court is going to react to a set of facts that you don't see often," Dowd said. "This judge took it very seriously."

Daly's mother, Debbe Case, campaigned tirelessly to convince the district attorney to charge Girvan with homicide.

Although she contends he deserves to be charged with murder, she said Friday she was greatly relieved by the judge's ruling.

"From the beginning they haven't given me a lot of hope he would be prosecuted at all," she said.

A second suspect, Robert Macias, is charged with making criminal threats against two of the three witnesses.

Prosecutors allege he told them he would harm them or their families if they went to the police about Daly's death.

Girvan and Macias have pleaded not guilty.

They remained in jail and are set to return to court on March 5 to be arraigned.

 

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RANCHO CUCAMONGA,  CA

From the Daliy Bulletin
http://www.dailybulletin.com/ci_8343719
 
O.D. case to proceed
Judge orders trial in woman's drug death
By Rod Leveque, Staff Writer
Article Created: 02/22/2008 10:14:59 PM PST

RANCHO CUCAMONGA - A novel homicide case cleared its first major legal hurdle Friday when a judge ordered an Ontario man to stand trial for allegedly failing to help his girlfriend as she died from a drug overdose.

The judge ruled prosecutors may press forward with an involuntary manslaughter charge against 31-year-old Andrew Girvan despite laws that say ordinary citizens have no legal obligation to help each other in times of need.

"It's an interesting case," Judge Raymond Van Stockum said in handing down his ruling. "It has some interesting issues, and I'm sure it will be an interesting trial."

Girvan is charged in connection with the Aug. 12 death of Miranda Daly. The 23-year-old Corona woman died of an overdose of morphine and Ecstacy in Girvan's home in the 2500 block of Imperial Place.

Generally, the only time citizens are legally required to help each other is when they have a specific duty to do so. A parent, for example, is obligated to help his child. An on-duty lifeguard is obligated to help somebody drowning in front of him in a swimming pool.

Girvan did not share any of these traditional relationships with Daly.

The San Bernardino County District Attorney's Office, however, broadly interpreted these laws to construct a theory to hold him responsible for her death anyway.

They say he not only failed to help Daly as she died, but also stopped several other people from coming to her aid.

By doing so, he implicitly assumed the responsibility to get her medical care, they claim.

During a two-day preliminary hearing that concluded Friday in West Valley Superior Court, three witnesses who were in the home with Girvan and Daly testified that they pleaded with Girvan to allow them to take the woman to a hospital as she laid unconscious for more than six hours.

They said Girvan, a reputed drug dealer, appeared indifferent to the woman's condition.

They testified he flatly refused to allow them to get her help, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.

Girvan's attorney, Donna Fernandez, argued in court that Girvan was no more responsible for Daly's death than the three witnesses.

She said the trio had ample opportunity to call for an ambulance but, like Girvan, chose not to.

She argued that they exaggerated the supposed threats from Girvan after the fact to justify their own lack of action.

Outside the courtroom, Fernandez said she may seek to have the involuntary manslaughter charge dismissed before a trial begins.

"I think the DA is really trying to push the envelope with this," she said.

Deputy District Attorney Michael Dowd said the judge's decision to hold Girvan for trial proved the prosecution's legal theory is sound.

Though the precedent may be thin, the facts of the case are strong, he said.

"You always wonder how a court is going to react to a set of facts that you don't see often," Dowd said. "This judge took it very seriously."

Daly's mother, Debbe Case, campaigned tirelessly to convince the district attorney to charge Girvan with homicide.

Although she contends he deserves to be charged with murder, she said Friday she was greatly relieved by the judge's ruling.

"From the beginning they haven't given me a lot of hope he would be prosecuted at all," she said.

A second suspect, Robert Macias, is charged with making criminal threats against two of the three witnesses.

Prosecutors allege he told them he would harm them or their families if they went to the police about Daly's death.

Girvan and Macias have pleaded not guilty.

They remained in jail and are set to return to court on March 5 to be arraigned.



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