Thursday November 14, 2024
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Danielle cherished family, friends and life. She had her whole life planned
out; her husband, number of kids, two dogs and would be a dermatologist, a career
where she could help others but have time for her family.
Christi had just enrolled in college. She just began taking First Baptist Church
shuttles downtown every Thursday to befriend the homeless. Just chit chatting
with them and letting them know they had a friend. In her journals, she was
determined to turn her life around and she started by helping others. She volunteered
often for the M.U.S.T. Ministries to help set up their clothing shop for the
homeless and the children's center. She helped cooked their meals. She helped
do their laundry. She wanted to go into a field helping others. She would have
changed at least one person's life, for the better, when they thought there
was no more hope. She didn't show up last Thursday. She died.
In the months before she was killed, 21-year-old Anke Furber had been acting
scared and she seemed to know she was in danger. Several days after Furber's
charred remains were discovered in a small vineyard in Norcross, Anke's mom,
Ria, found a note in Anke's desk at home in Marietta. In it, Anke seemed to
foreshadow her own death. She wrote, "My parents would surely grieve the loss
of their wonderful daughter whose craziness would soon lead to her slaughter".
Ria isnt sure exactly when the note was written, but believes it was written
in a close time frame to the actual murder.
At 22 years old, Levi had goals and ambitions of being a business owner, a husband
and a father. He loved his family and friends with everything in him and would
do anything for you. His shyness and manners we're a shining attribute to who
he was. Unfortunately, Levi befriended someone who for nearly three years took
advantage of his kindness and when asked to leave his home, he killed him. If
he would have just walked out the door as asked, Levi would still be here today.
We'll never know all the wonderful things that Levi would have accomplished,
but we know he was a "Friend" till the end.
Ephraim was 21 yrs old when he prematurely transitioned to the other side. He
was a very warm hearted young man. And was always available to help friends
and family. As his cousin Ben said about him: "You can lay a 1,000. on the table
and know completely that Ephraim would have never taken it". He spent most of
his days at Antique World in Clarence , NY which was owned and operated by his
Uncle. That was my sons world. A world he will no longer be able to participate
in. He is sorely missed by his family and friends.
Mark suffered a brain injury at the age of 19 the night of a high school prom.
Mark died at the age of 25. Life was hard for Mark, he lived an aphasic life.
Mark struggled to relearn his alphabet and to speak again. Neuro rehab, drug
rehab, jails, institutions and death. Mark was disabled and a fighter all at
the same time. College, heavy equipment operator, volunteering were all part
of these six years. Mark loved kids and wished he had one. Due to the selfish
reasoning of his so called friends, Mark will never be able to achieve his dreams
that he fought so hard for. Mark's struggle is over !! PEACE..........
His friends describe him as a kind, warm hearted, full of energy, always smiling,
and a very silly young man. They also said that whenever Sean walked into a
room that he had the ability lighting up the room because he was full of life
and energy! He loved his dad, his mom, and his sister very much. He had a very
special bond with his great grandma Efford and his great aunt Charlene whom
also up in heaven with him. A warm hug from Sean was just another way that he
showed his affection to his family and friends
When Cayte was in the middle school she was on the track team, she was a cheerleader
for the Nor-Roc Vikings, she was on a soccer team, and she loved attending the
dances at the Sad Cafe. When she went to high school, all of those activities
stopped. The sad reason was because she was too old. All the kids have, once
they reach high school, are the woods and the homes of friends when the parents
are at work. If she had activities to do after school when she went to high
school, maybe this wouldn't have happened.
From her birth to her passing Katty touched so many lives. Not only did her
family have the joy of watching her grow from a 6 pound baby girl to a beautiful
young woman, but so many others did as well. The lives she touched are too many
to fathom. Her beauty and grace preceded her where ever she went. Her heart
was made of fine gold and she cared for others always before herself. She was
not just special to all of us but to the Lord who saw fit to call her home at
such a young age. Her mansion was ready! When we think of Katty now we all can
be at peace because we know she is with her Lord, never to face this harsh world
we live in day to day. She is with us always when we remember her smile, her
touch, and her kind words. We all had the pleasure of being touched by an ANGEL!
We want our son's name to be Remembered and to bring hope and joy out of something
that has been the darkest and heartbreaking days of our families life. JP was
very out spoken and we have decided to be that way on this site and to be his
voice about the drug companies and the public official's that sit back and do
nothing. If we could save one person from what our family had to go Through
and is still going Through, it would be all worth it We will not stop until
the truth gets out. We want his memory to live on.
Time has gone by so quickly and it seems like we haven't seen your face in forever.
Our hearts are broken, our tears flow so freely and our souls feel empty. Michael,
you left us with so many happy memories but the memories can never take your
place. We know you and your uncle Sam are saving a place for those who cherished
you the most.
Two weeks before he died, Chuck called me on the phone. He was excited to tell
me he was joining the National Guard. He had begun to think about being a History
Teacher. He planned to attend school after basic training. He also mentioned
a new girlfriend. He was pretty crazy about her but wanted to give things a
little more time before making her "meet the parents". Still, we made plans
to meet for lunch once July wound down. He thought we might all get together
and told me not to worry, he had a job and would help pay the check. The first
time I met the young lady he was so crazy about was as she cried herself senseless
over his casket. She laid a broken heart chain and necklace across his hands.
She wore the mating half around her slender neck. Her courage in court helped
to solidify the deal that sent a drug dealer to prison. I hope she, and Chuck's
other friends, make the right decision and swear off drug use so we may never
see their faces on these pages.
Everyone ever touched by Miranda. This will be a tribute to the life she lived.
She was the most remarkable and inspirational woman I have ever known. I was
in awe of my own daughter. Even as her mother, her beauty took my breath away,
and as she walked this earth from her crawling stages to adulthood her beauty
from the inside amazed me. Miranda loved about every living thing and each friend
she had she made her relationship with them special and unique.
Jamie was a very loving son, brother, grandson, nephew, boyfriend and friend..
Most importantly he was the best father anyone could have asked for.. Even though
he was only 16 when he was taken away from us from his so called friend, he
did everything for his daughter and mother of his daughter that he had
asked to marry him when he turns 18.. Jamie was the type of kid that would take
his shirt off his back for anyone that needs it.. Jamie died on April
23, 2008.. If only his so called friend (29 yrs old), his mother and the other
people at the home called 911 instead of waiting 3 hours, he would still be
here with us today.. Jamie's dad passed away Nov 2005 and he had a hard time
dealing with loosing his father and could not believe he was gone.. Well now
Jamie is at home with his dad..Until we meet again... I am proud of you my son..Love
you always and forever, Mommy
Kaylin Marie Mathews was born on a Tuesday March 1, 1988. Kaylin was my oldest
child and my only daughter. She could play the piano, guitar, and drums and
loved to sing. She had been "spinning records" the last few years and loved
to mix music. She had been working as a d.j. at the time of her death and was
very good. Kaylin was an only child for 71/2 years. She has one brother and
one sister. She was a talented writer. She made jewelry and she could draw.
There was nothing that my baby couldn't do, if she wanted to. Kaylin was left
to die in a ravine on June 30, 2008. She was found on July 1, 2008. Her date
of death is listed as a Tuesday July 1, 2008. She was 20 years old. I miss her
every second of every day. The world lost an amazing talent and an amazing young
woman. I lost a part of my heart.
R.J. was truly a blessing in our lives. He was the kind of son that most parents
only dream of having. He always respected and obeyed his parents and never got
in trouble. RJ was never in trouble in his life RJ always called home to let
us know where he was and when he would be home. When he was missing and we couldn't
reach him on his cell phone, we knew immediately something terrible was wrong.
This is a nightmare that no parent should have to go through and we are living
it. Our concern is not what we are going through, but what our son had to go
through in his final moments of life.
William Michael Grandchamp better known as Billy, was born Nov 7,1979. HE was
a only child. Billy had many friends. Billy often told his friends that his
MOM was his best friend. Billy liked to collect sports attire like jerseys and
sports caps.Everything he wore had to match. He was meticulous with his clothing,
car, and home. Although, Billy had no children of his own he loved children.
He told me his greatest wish was to find a good girl and settle down and have
a family. That seemed to be very important to him. Even at a young age he had
a gift with children. Billy's friends have always commented on how good he was
with their children and how their children loved him. Billy was loved by so
many people. He had over 800 friends and family members at his wake. Billy will
be greatly missed by all his family and friends.
Chase lived life spontaneously with the freedom of a butterfly – a free spirit
& soul – no one could hold him down, except his baby girl. She was his LIFE.
There wasn’t anything he wouldn’t do for her, including getting clean. Chase
was clean 1.5 yrs, after 6 months in residential rehab in New Orleans, continued
with NA meetings, substance abuse group counseling, and sought out a Navy recruiter
who told him all he would have to do to be eligible. He seemed to be on his
way, until he fell off the wagon 12 days out of jail. Turning to heroin again
to deal with stress was the mistake of his life. “Chase’s Story” is shared with
you on his main page. Thanks for taking time to read it. Sincere and heartfelt
thanks to the FDLFD Family for taking us under their wings. “They will sing
me to them, and I will hear.” ~RIP Chase~4evrYng~1985-2009
Katelynn Lillian Porter, 16, of West Elgin, was killed in a car crash on Dunborough
Rd. in Elgin County. “In loving memory of Katelynn Porter. 12/12/09. 9:40 p.m.”
is written between two hearts on the roadside memorial, a makeshift cross. Porter
was a student at West Elgin secondary school, where officials are trying to
come to grips with the news of her death, especially so close to Christmas.
Tony passed away 10 days after his 16th birthday. He asked permission to spend the night at his friends and I told him yes. I told him" I love you" and he replied "I love you too Mom. Tony was the kid who wanted to make everyone laugh. He had such a wonderful sense of humor and a big heart. He would talk to his friends for hours trying to help them solve their problems. He was a loving big brother, and a wonderful son. He would help you with anything without even being asked. Tony was an extremely intelligent child. He was always placed in advanced classes. A week before he passed we received a letter from Columbine informing us that Tony was nominated to participate in their advanced English Program. He had a gift for writing stories.
She loved all things technical and mechanical with her older brother Ian and fashion and decorating days with her older sister Genevieve. She loved Gothic country art, the workings of the human body, video games, driving and her new tattoo machine. She loved swimming and surfing. She loved all things living and loved her dog Timpleton and her parrot Thermopolis. She had a strong heart and soul, was an independent and progressive thinker, open minded and a will power like no one else. Her favorite place to go was Barnes and Noble.
Vivianna Satterfield was 15 years old! Vivi was the type of young lady that put other people in front of herself. She would always say "Peace and Love".
Kelli Laine Lewis is my only daughter. Kelli died when she was 18 after attending a party hosted by 3 adults who offered a $5.00 entry fee to come and drink all you wanted. A pretty tempting offer for teens not old enough to buy alcohol.
Growing up – she had it all. She was smart and witty - she could come up with a jovial comeback in almost any conversation or situation. She wShe was smart and witty - she could come up with a jovial comeback in almost any conversation or situation. She was always photographing everything and always laughing. She had an infectious laugh, loud and squeaky, but incredibly endearing. Taylor was a huge fan of Tyler Perry’s Madea. She owned every play and knew every word to every gospel song in the plays. She would sing them at the top of her lungs to anyone that would listen. as always photographing everything and always laughing. She had an infectious laugh, loud and squeaky, but incredibly endearing.
He went out THE FIRST TIME to celebrate being "LEGAL" with a creep he considered a friend (even though we warned him this guy was not a true friend). My son did not drive so he was picked up about ten thirty. Even when it was obvious my son was having difficulties this creep brought him to his own house , which is 4 houses away for a few hours, and dropped him off here at home in the middle of the night WITHOUT KNOCKING OR CALLING OR WAKING US UP. We found Ben in his bed the next morning when we tried to wake him.
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Miranda's News Page
Appeal court reinstates murder charge in Ontario
overdose case
Will Bigham, Staff Writer
Created: 05/01/2009 07:21:59 PM PDT
A state court of appeal reinstated
murder charges Friday against an Ontario man accused of
thwarting attempts to seek medical care for his
girlfriend as she died of a drug overdose.
A judge dismissed murder charges in
October against Andrew Girvan, 32, ruling that there
wasn't enough evidence presented by prosecutors at a
preliminary hearing for Girvan to stand trial on murder
charges.
Miranda Daly, 23, died in August 2007
of a drug overdose at Girvan's home in Ontario.
Prosecutors say Girvan supplied Daly
drugs, and failed to seek help for her after she lost
consciousness. Witnesses said Girvan threatened to kill
other people at his home who suggested they seek medical
care for Daly, of Corona.
In its opinion ordering the murder
charge reinstated, the court of appeal said Girvan
demonstrated "implied malice" during Daly's death.
"By his own admission, Girvan
supplied drugs to the victim, his girlfriend," the
court's written opinion says. "In addition, it can be
inferred that he knew she overdosed, and that he
actively prevented others from seeking aid for her by
way of threats, despite knowing she was in mortal
danger."
The court ordered the Superior Court
of San Bernardino County to set aside its order granting
Girvan's motion to dismiss murder charge, and enter a
new order denying the motion.
"Obviously I'm happy about it," said
Deputy District Attorney Mike Dowd, who is prosecuting
Girvan's case. "I think
Advertisement
that it's the right decision. That's
why we decided to take it up, because we thought he had
an opportunity" the get the murder charge reinstated.
"I'm happy for the victim's family
that they'll get their day in court," Dowd added.
The San Bernardino County Public
Defender's Office has until May 11 to petition the
California Supreme Court to review the appeal court's
decision, Dowd said.
After the murder charge was dismissed
on Oct. 31, Girvan faced a manslaughter charge that
carries a prison sentence of up to four years. With the
murder charge now reinstated, Girvan faces 15 years to
life, Dowd said.
Donna Fernandez, the deputy public
defender who represents Girvan, could not be reached for
comment late Friday.
will.bigham@inlandnewspapers.com
(909) 483-8553
Appeal court reinstates murder charge in Ontario
overdose case
Will Bigham, Staff Writer
Created: 05/01/2009 07:21:59 PM PDT
A state court of appeal reinstated
murder charges Friday against an Ontario man accused of
thwarting attempts to seek medical care for his
girlfriend as she died of a drug overdose.
A judge dismissed murder charges in
October against Andrew Girvan, 32, ruling that there
wasn't enough evidence presented by prosecutors at a
preliminary hearing for Girvan to stand trial on murder
charges.
Miranda Daly, 23, died in August 2007
of a drug overdose at Girvan's home in Ontario.
Prosecutors say Girvan supplied Daly
drugs, and failed to seek help for her after she lost
consciousness. Witnesses said Girvan threatened to kill
other people at his home who suggested they seek medical
care for Daly, of Corona.
In its opinion ordering the murder
charge reinstated, the court of appeal said Girvan
demonstrated "implied malice" during Daly's death.
"By his own admission, Girvan
supplied drugs to the victim, his girlfriend," the
court's written opinion says. "In addition, it can be
inferred that he knew she overdosed, and that he
actively prevented others from seeking aid for her by
way of threats, despite knowing she was in mortal
danger."
The court ordered the Superior Court
of San Bernardino County to set aside its order granting
Girvan's motion to dismiss murder charge, and enter a
new order denying the motion.
"Obviously I'm happy about it," said
Deputy District Attorney Mike Dowd, who is prosecuting
Girvan's case. "I think
Advertisement
that it's the right decision. That's
why we decided to take it up, because we thought he had
an opportunity" the get the murder charge reinstated.
"I'm happy for the victim's family
that they'll get their day in court," Dowd added.
The San Bernardino County Public
Defender's Office has until May 11 to petition the
California Supreme Court to review the appeal court's
decision, Dowd said.
After the murder charge was dismissed
on Oct. 31, Girvan faced a manslaughter charge that
carries a prison sentence of up to four years. With the
murder charge now reinstated, Girvan faces 15 years to
life, Dowd said.
Donna Fernandez, the deputy public
defender who represents Girvan, could not be reached for
comment late Friday.
will.bigham@inlandnewspapers.com
(909) 483-8553
Appeal court reinstates murder charge in Ontario
overdose case
Will Bigham, Staff Writer
Created: 05/01/2009 07:21:59 PM PDT
A state court of appeal reinstated murder charges
Friday against an Ontario man accused of thwarting
attempts to seek medical care for his girlfriend as she
died of a drug overdose.
A judge dismissed murder charges in October against
Andrew Girvan, 32, ruling that there wasn't enough
evidence presented by prosecutors at a preliminary
hearing for Girvan to stand trial on murder charges.
Miranda Daly, 23, died in August 2007 of a drug
overdose at Girvan's home in Ontario.
Prosecutors say Girvan supplied Daly drugs, and
failed to seek help for her after she lost
consciousness. Witnesses said Girvan threatened to kill
other people at his home who suggested they seek medical
care for Daly, of Corona.
In its opinion ordering the murder charge reinstated,
the court of appeal said Girvan demonstrated "implied
malice" during Daly's death.
"By his own admission, Girvan supplied drugs to the
victim, his girlfriend," the court's written opinion
says. "In addition, it can be inferred that he knew she
overdosed, and that he actively prevented others from
seeking aid for her by way of threats, despite knowing
she was in mortal danger."
The court ordered the Superior Court of San
Bernardino County to set aside its order granting
Girvan's motion to dismiss murder charge, and enter a
new order denying the motion.
"Obviously I'm happy about it," said Deputy District
Attorney Mike Dowd, who is prosecuting Girvan's case. "I
think
Advertisement
that it's the right decision. That's why we decided
to take it up, because we thought he had an opportunity"
the get the murder charge reinstated.
"I'm happy for the victim's family that they'll get
their day in court," Dowd added.
The San Bernardino County Public Defender's Office
has until May 11 to petition the California Supreme
Court to review the appeal court's decision, Dowd said.
After the murder charge was dismissed on Oct. 31,
Girvan faced a manslaughter charge that carries a prison
sentence of up to four years. With the murder charge now
reinstated, Girvan faces 15 years to life, Dowd said.
Donna Fernandez, the deputy public defender who
represents Girvan, could not be reached for comment late
Friday.
will.bigham@inlandnewspapers.com
(909) 483-8553
Prosecutors appeal dismissal of murder charge in
Ontario OD case
By Will Bigham on November 14, 2008 4:54 PM
A state court of appeal has agreed to consider
reinstating second-degree murder charges against an
Ontario man accused of failing to help his
girlfriend as she died of a drug overdose.
On Oct. 31, West Valley Superior Court Judge Mary
Fuller granted a defense motion to dismiss a murder
charge filed against 32-year-old Andrew Girvan.
Prosecutors appealed Fuller's decision to the
California 4th District Court of Appeal, which
agreed Thursday to consider reinstating the murder
charge.
Girvan is accused of supplying drugs to Miranda
Daly, 23, then threatening to kill other people at
his home who insisted Daly needed medical attention
as she lay incapacitated. Daly, of Corona, died Aug.
12, 2007.
(Click the link to the right to read the
prosecution's appeal)
GIRVAN.pdf
Fuller ruled Oct. 31 that Girvan must stand trial
on involuntary manslaughter charges. She set a trial
date for Monday.
But with the court of appeal agreeing to consider
reinstatement of the murder charge, criminal
proceedings against Girvan are stayed pending the
court's decision.
"This matter is off calendar until the court of
appeal rules," Fuller said Friday.
The prosecution argued in its appeal that
Girvan's actions the night of Daly's death
constitute "implied malice" necessary for a
second-degree murder charge.
Girvan refused to help Daly as she died of a drug
overdose, told other people at his home not to touch
her or call paramedics, and even walked around his
home with guns, prosecutors said.
In the appeal, Grover Merritt, Lead Deputy
District Attorney at the Appellate Services Unit of
the San Bernardino County District Attorney's
Office, said Girvan "prevented rescue" of Daly.
"While no previous California case appears to
confront precisely this fact pattern, the
application of settled principles to it compels a
finding of second-degree murder on these facts,"
Merritt wrote.
Merritt cited three previous second-degree murder
convictions involving "implied malice" in similar
situations to Daly's death.
In a 1966 case, a doctor was convicted of
second-degree murder for carrying out a "quack"
treatment on a cancer patient who later died,
Merritt wrote.
In 1977, a man who starved his son to death was
convicted of second-degree murder. And in 2000, a
man was convicted of the charge after beating a
woman unconscious then forcing her into the deep end
of a pool, where she drowned.
Merritt said he expects the court of appeal to
rule on the Girvan murder charge in about two weeks.
Deputy District Attorney Mike Dowd, the trial
prosecutor, said the court of appeal's ruling could
also be appealed to the California Supreme Court.
Second-degree murder carries a prison sentence of
15 years to life, while involuntary manslaughter
carries a sentence of 2, 3 or 4 years.
Prosecution's appeal Below:
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
--------------------------------------------------------------------------------------------------------
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.
-----------------------------------------------------------------------------
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.
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.
Girvan remains in jail.
r_leveque@dailybulletin.com (909) 483-9325
-------------------------------------------------------------------------------
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.
-------------------------------------------------------------------------------
RANCHO CUCAMONGA, CA From the Daliy
Bulletinhttp://www.dailybulletin.com/ci_8343719 O.D. case to
proceedJudge orders trial in woman's drug deathBy 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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