FRESNO, CA (KMJ) – A Fresno County judge rules Friday to not allow a former Central High School basketball coach to withdraw his no-contest plea in connection with a drunken-driving crash.
Loren Lebeau is currently serving 12 years in prison for the crash that killed 7-year-old Donovan Maldonado and injured his family members back in July of 2012.
Defending his client, Attorney Roger Nuttall alleges the City of Fresno could be partly responsible for the child’s death due to what he blamed was their faulty design of a crossing on Shepherd in Northeast Fresno where the family was riding their bikes.
A bike tunnel has since been constructed on the busy road, and the City of Fresno settled with the Maldonado family for $1.5 million dollars in September of 2014.
Before delivering his ruling in Fresno Country Superior Court on Friday, February 24th, Judge Alvin Harrell III said he has looked at the evidence, watched an accident study video, and spoke with experts before he making his decision. He said there was no good cause or new evidence to withdraw the plea.
Attorney Nuttall was disappointed with Judge Harrell III’s decision; “As I see it, there is a legitimate issue of fact, a legitimate question of whether Loren Lebeau, under those circumstances that night, could have seen the parties in time to avoided the collision.”
Nuttall is asking the judge to reconsider. and will be back in court on March 24th.
Click below to listen to the report by KMJ’s Liz Kern
