Prosecutors appeal dismissal of murder charge in Ontario OD case
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.
Mr. Andrew Girvan is most assuredly guilty of murder. I hope the Court of Appeals can see this and give him the charge that is appropriate.
Involuntary manslaughter without a doubt.He did'nt shove drugs down her throat,she did.He is just an asshole and did the wrong thing-which in this case was nothing-hoping she'd be ok.She was'nt and now shes dead,its a damn shame that it happened that way.
This info is for Taco and everyone else,
She did have undissolved pills down the back of her throat. I know this because I read the full autopsy report.I watched her grow into a beautiful "young" woman
it's just to bad that we make wrong judgment calls in life sometimes. What I really hate are the ones that post about things they know nothing about. I believe in the old saying, "Don't Believe Anything You Hear And Only Half Of What You See!"
As for the people that have posted on other stories about this, what ever happen to the saying about NOT PASSING JUDGMENT? I bet your the ones that sit in the front pews at church....
I loved your article. I am part of the bizymoms.com Ontario community and I know they would love to read it. http://www.bizymoms.com/ontario/index.php
In their news page you can submit news either as an article or as a RSS feed. http://www.bizymoms.com/ontario/local-news.php Keep up the great work!
to: A Mom--- please can you tell me who you are to say what you saw in the autopsy report? I need more information on this... thank you, Deb
lcdebra@yahoo.com
Hi i like this
this is my funny.
my english is not good. for its i cant write good. i want to use this text in my website can i use? oyun indir if you give permisson me i will happy.
Again thank you
regards
Ontario man, andrew timothy kano girvan pleads guilty to voluntary manslaughter. sentencing date is 12-9-2011
Rancho Cucamonga Court R3 8:30am
Finally, sentencing for the death of my beautiful cousin. This is the time where I believe an eye for an eye would be a just sentence.. this low life scum bag has been the cause of 2 deaths & yet is still goin to be out on the streets in about a year (or less) due to time served.. 6 years for the taking of a life.. ??
Who says justice is swift.. and in this case it is most certainly blind.
Maybe next time he'll take the life of someone from his defense teams family or maybe yours... He has no remorse, no conscience.. No doubt he'll be behind bars again, but hopefull no one else has to die to put him where he belongs..
Well....at least it's over with and maybe people can get on with their lives. As much as possible anyway.