Hearing to dismiss murder charge postponed for Ontario man
A court hearing to consider a motion to dismiss murder charges against Andrew Girvan was postponed this morning for the second time.
Girvan, of Ontario, is accused of supplying his girlfriend drugs, then refusing to call for paramedics when she overdosed. Prosecutors say Girvan threatened to kill other people at his home who suggested paramedics be called.
Miranda Daly, 23, died Aug. 13, 2007. Girvan remains in custody.
The hearing was postponed because Girvan's defense attorney, Donna Fernandez, said today that she hadn't had an opportunity to review the response to her motion filed by Deputy District Attorney Mike Dowd.
Click the link below for an August story on Girvan's case.
Trial set for man in OD of girlfriend
Inland Valley Daily Bulletin (Ontario, CA) - Friday, August 1, 2008
Author: Will Bigham, Staff Writer
RANCHO CUCAMONGA - A Nov. 10 trial date has been set for an Ontario man facing murder charges for allegedly leaving his girlfriend to die after she suffered a drug overdose.
Prosecutors allege that on Aug. 13, 2007, Andrew Girvan not only failed to help 23-year-old Miranda Daly as she lay incapacitated in his Ontario home, he also intervened to stop other people from calling for aid that may have saved Daly's life.
Girvan , 31, was originally charged with involuntary manslaughter for his role in the Corona woman's death, but prosecutors added a murder charge in February.
Girvan has pleaded not guilty to all charges.
A murder conviction in Girvan 's case would be a first, because failure to help someone in need has never resulted in a murder conviction in California, said Deputy District Attorney Mike Dowd, the prosecuting attorney.
Girvan 's attorney will have until Sept. 9 to file a motion to dismiss the charge, and Dowd will have until Sept.15 to respond.
Judge Mary E. Fuller is scheduled to rule on Girvan 's motion to dismiss on Sept. 19 in West Valley Superior Court.
More than 30 family members and friends of Daly were in the audience for the hearing Friday when trial dates were set.
Many were wearing T-shirts, buttons and other items with Daly's image printed on them.
Daly's mother had a tattoo of her daughter's name below her right shoulder.
After the hearing, the group huddled around Dowd as he explained the upcoming steps in Girvan 's trial.
Dowd emphasized the difficulty of successfully bringing a murder charge against Girvan .
Even if his efforts were successful initially, a murder conviction would be subject to an appeals process that could last up to 12 years, he said.
Daly's sister, Shauna Jaworski, said she believes Girvan deserves a murder conviction.
"He took it upon himself to say that he would take care of her, and he didn't," she said.
She said the five- or six-year sentence that Girvan would receive for an involuntary manslaughter conviction is not long enough, "not in our family's eyes," she said.
"It's not accidental, because he told the people in the house, 'Don't touch her,"' Jaworski said.
Sad situation but way over played. At 23 years old, Miranda was old enough to know better. Unless this scum bag tied her up and shoved drugs down her throat, she was responsible for her own actions. I feel for the family, no one is immune to the pain of losing a child, family member, friend. But lets keep in mind, as adults (I am 23) as she was, we need to remember to know our surroundings, the people we hang out with and the things we ingest into our bodies. I know that this will more than likely get an OUTPOURING of put downs and pissed off people, mainly her family and friends. Im not belittling this at all. Agin, I feel for all of you, but just for a second, look at the whole situation at hand. Not the in- betweens. Miranda, her boyfriend/friend/acquaintance and the drugs. She had a choice and made a bad one. He had a choice too, and also made a bad one.
It wasn't her fault! This man has done this to other young women and men!!!!!
As her mother, I have no understanding of the point you are trying to make. You would have to know alot more than you apparently do in order to make this comment. Which you do not. We as Miranda's family do not need to defend Miranda. We know her. We know what happened in hind sight. We have no way to acknowledge her relationship with this person, nor what happened. All we do know is this was intentionally allowed to happen. When it is senseless and could have been avoided. and we will see it through, all will come out in the trial. Thank you for your opinion.
Debbe
www.mem.com Miranda Daly
www.mirandadaly.com
www.myspace.com/justice_for_miranda
justice_for_miranda@yahoo.com
Thank you to Anonymous for your comment.
My comment on 11-15 was directed to Rochelle, the first commenter, who has no clue as to what happened in this case.
and as such, the District Attorney's/Prosecutors would not charge someone for responsibility of killing another person without substantial evidence and proof that a crime of this nature was committed.
We will see this through. And never give up.
typo above: date of Miranda Daly's death...correct info she died on August 12th, 2007, but she was not found nor gotten into the morgue until the 13th of August. Of which no one was notified of my daughters death until after 7.30 am Monday, August 13th. and no one identified her, and this horrific news was given per telephone call to a family member. sorry we are in a different county than where her body was found, where she was murdered, but I believe this to be absurd in these events.
god i still can't get over that first remark, of how this is way overplayed. Rochelle, you are pathetic.
I'm interested, did this man ever get sentenced or is the trial still ongoing?
Where this case stands now, is that the 4th District Court of Appeals did reinstate the Murder 2 charges, so now we wait for upcoming trial. Hopefully in July.
u can see the article posted on the Inland Daily Bulletin by Mr. Bigham....reporter for that local paper. www.dailybulletin.com just put in Miranda Daly in the search and it should come up...
Thank you Will for the article.
I never knew Miranda but she seems like a very beautiful woman. Having said that I missed the part in all this where she was pinned down against her will and forced to take whatever drugs she took that killed her. If this happened by all means the guy should be nailed big time. But it sure sounds like she FREELY took the drugs and if that is the case while I am sorry to see her gone - I find it pretty hard to feel sorry about it. Since I never knew her I can't say how many times she did drugs like this before - but I'd say the chances are good this wasn't her first time and had she lived thru this - it wouldn't have been her last. SHE chose to play Russian Roulette and this time it cost her. Who knows if she could have been saved had the paramedics been called ASAP - but since SHE brought this upon herself SHE is the one who commited suicide (I know she didn't "mean" to do it and Mom might argue she didn't - but if she FREELY put the drugs in her system SHE kileld herself anf no one else did. Sorry Mom - hurts to read this but you know it is true. If this wasn't your precious baby you might not feel the way you do - can't blame you but here you aren't right
Have to agree 100% with Jon. It's so sad, and Mom I am sorry for your loss and do hope that the guy who participated in this pays, but it was partly her fault.