The preliminary hearing is over for a former high school basketball coach.
Loren LeBeau is charged with killing a seven-year-old boy while driving under the influence.
Tuesday, the judge decided there is enough evidence to go to trial.
LeBeau will answer to all four charges he faces in an upcoming arraignment, but the defense doesn't think the case will actually go to trial because it's too painful for the victim’s family.
The second day of testimony wrapped Tuesday morning in the case against LeBeau. He’s charged with Maldonado’s death, after driving with a blood alcohol level of .11. The main accident investigator believes LeBeau was completely at fault, while the defense argued other factors played a role.
“That cross walk is incredibly dangerous,” said Jeff Hammerschmidt, LeBeau’s attorney.
During closing statements, Hammerschmidt emphasized LeBeau was driving the speed limit and had his lights on. He says his client wasn't grossly negligent in his actions leading up to the accident. The prosecutor disagrees, saying LeBeau didn't act rationally.
“There were nine 9-1-1 calls into dispatch. Nine. Not one of them came from the defendant, Loren LeBeau,” said Dennis Verzosa, the prosecuting attorney.
After reviewing the testimony and evidence, Judge Gary Hoff ruled LeBeau should answer to all charges, which include gross negligence.
“There was not just a simple single object struck, but multiple objects struck and at the same time. There was no slowing for a considerable distance, despite the fact that the windshield was completely obliterated,” said Hoff.
The defense hopes, for the sake of everyone involved, both sides can reach a plea deal instead of going to trial.
“[We’re] talking to the district attorney's office about resolving this. I know the Maldonado’s would like this matter resolved and would prefer not to testify,” said Hammerschmidt.
LeBeau’s arraignment is scheduled for March 13th.
