By Fred Bloom
Daily Titan Staff Writer

The trial of Andrew Thomas Gallo, the driver in a crash that killed Cal State Fullerton student Courtney Stewart and two others, has been delayed after a request from his defense attorney for more time was granted.

This undated photo provided Friday, April 10, 2009 by the Orange County District Attorney shows Andrew Thomas Gallo, 22, from San Gabriel, Calif. Photo courtesy of AP Photo/ Orange County District Attorney

Superior Court Judge Richard Toohey postponed the trial until April 19, 2010, in order to give Gallo’s new attorney, Deputy Public Defender Bryan Harris, time to prepare a defense.

 Harris took over the case after Gallo’s previous attorney, Randall T. Longwith, a CSUF alumnus, quit because he was not able to obtain court funding to provide additional investigators and expert witnesses.

Longwith had previously asked the court for a change of venue, claiming that Gallo could not get a fair trial in Orange County. Due to the national publicity of the case, state prosecutors disagreed and denied the request.

“The press is outrageous on this case and the way he has been portrayed works to his detriment,” Longwith said, explaining his belief that Gallo has no chance at getting a fair trial locally.

Longwith added that the biggest financial burden was the obstacle of changing venues for the case. The cost of moving the trial could total anywhere from $25,000 to $50,000.

The Stewart family suspected the trial would be delayed, but is not happy it did not take place within the original six-month time frame.

“(The previous lawyer) just wanted to get his name and face in the paper,” said Carrie Stewart-Dixon, mother of Courtney Stewart.

Gallo, 22, was originally booked for felony drunk driving, felony hit and run, three counts of murder, three counts of vehicular manslaughter and four counts of committing bodily injury during a crime.

He was charged with three counts of murder on April 10, 2009. On June 8, 2009 Gallo entered a plea of not guilty.

“The jury should be able to decide to convict as not guilty, manslaughter, or murder. But in this case, the prosecutors took away that right,” Longwith said.

A recently passed law will prevent the trial from being delayed further and the Stewart family is being patient in hopes that the end result will be in their favor, Stewart-Dixon said. 

“It’s a shame the families have to wait because someone wanted to get some publicity out of it,” Tony Wilhite, father of crash survivor Jon Wilhite, said of Longwith.

Gallo could be sentenced up to 55 years to life in prison if convicted on all charges.

“Conviction on second degree murder on all three counts, that’s the most he can get and what we want him to get,” Stewart-Dixon said. 

Gallo was driving his father’s minivan when he struck a Mitsubishi Eclipse driven by Stewart on April 9, 2009.

Three were killed in the crash: Stewart, a 20-year-old cheerleader at CSUF and Alpha Chi Omega sorority member; Angels pitcher Nick Adenhart, who had pitched six scoreless innings in the best game of his brief career earlier that night; and Henry Pearson, a student at Western State University College of Law who was beginning his career as a sports agent. Jon Wilhite, a former Titan baseball player, was also in the car but survived the crash.

Wilhite suffered from internal decapitation as a result of the crash. His skull was ripped from his spine but was held in place by muscle and skin. He is recovering from his injuries and is no longer forced to use a wheelchair. 

“I tell people I am doing good. But there are times when I am a mess,” Wilhite said in an interview with “Time.” “Now, with my rehab schedule reduced, there is more time to think about the others.”

Gallo fled the crash site but was found by police over a mile from the scene. He was nearly three times over the legal limit with a blood alcohol level at .22, police said.

At the time of the crash, Gallo was driving with a suspended license.

According to court documents reviewed by the Associated Press, Gallo had previously been convicted of drunk driving. He was arrested in December 2005 and later pleaded guilty. As part of the plea deal, Gallo agreed that he could be charged with murder if he drove drunk and killed someone. 

“I understand that if I continue to drink and drive it may result in death or serious bodily injury to another person,” Gallo wrote on the guilty plea form.

Part of the sentence was three years probation. Court records show that he violated terms of his probation and it was thus extended through 2010.

“It was an accident,” Sandra Sagahon, Gallo’s mother, told ESPN. “He never meant to hurt anybody, ever.”