VAN NUYS (CNS) – A judge Monday rejected a defense motion to dismiss murder charges against a young man prosecutors say was speeding when he crashed into three parked vehicles on Pacific Coast Highway in Malibu in 2023 — killing four Pepperdine University sorority sisters.
A new team of attorneys representing Fraser Michael Bohm unsuccessfully argued to Los Angeles County Superior Court Judge Thomas Rubinson that there was insufficient evidence presented to support the murder charges at a hearing in April in which another judge allowed the case to proceed to trial.
Bohm — who was 22 at the time of the crash and is now 24 — is charged with four counts each of murder and vehicular manslaughter with gross negligence in the Oct. 17, 2023, nighttime crash that killed Niamh Rolston, 20; Peyton Stewart, 21; Asha Weir, 21; and Deslyn Williams, 21.
All four women were seniors at Pepperdine’s Seaver College of Liberal Arts and members of the Alpha Phi sorority. They were set to graduate with the university’s class of 2024, and subsequently received their degrees posthumously.
During Monday’s hearing in a Van Nuys courtroom packed with family members of the students and the defendant, defense attorney Alan Jackson argued that the case amounted to “a tragic collision — but a collision does not equal murder.”
The murder counts were “legally infirm” and should be dismissed, he argued, indicating that vehicular manslaughter charges were more appropriate in a case that involved no drugs or alcohol.
“He didn’t know how fast he was going,” Jackson said.
However, Rubinson responded, “How could someone driving a car at 95 mph (not know they were driving at a high rate of speed)? You know you’re not driving 40. You’re driving extremely fast — you know that.”
At the hearing in April, Deputy District Attorney Nathan Bartos told Judge Diego Edber that Bohm “lost control of his vehicle” as the women walked along the shoulder area after getting out of a vehicle in the 45 mph zone.
Jackson, Kelly Quinn and Jacqueline Sparagna wrote in one of their court filings seeking dismissal of the murder charges that the prosecution has “chosen to take the facts of a tragic car accident and charge them as murder.”
“… The People simply hope that this court is so blinded by the tragic nature of this accident that it forgets the People need to prove legal standards. This absence alone should be fatal to the People’s case,” the defense attorneys wrote.
Bohm’s lawyers added that the prosecution’s argument for murder relied on the allegation that Bohm was speeding, noting that Bohm’s prior attorney had argued that the young man was being “chased in a road-rage incident” before the deadly crash and that the evidence about the rate of speed was not reliable.
Bartos objected to the defense’s motion to dismiss the murder charges, writing in his opposition that “the defendant clearly drove in a reckless and dangerous manner.”
“Here, the defendant drove 59 miles per hour over the speed limit on what is essentially a residential street,” Bartos wrote. “There is no excuse which can justify the danger he posed at those speeds, certainly not trying to flee possible road rage, a contention for which there was no evidence, nor did the defendant ever mention it to deputies.”
In court Monday, Bartos said Bohm’s actions showed “a wanton disregard of the high probability of death.”
Bohm was initially arrested, then freed from jail and then re- arrested. He has been free on bail that was posted shortly after the case was filed against him eight days after the crash.
Los Angeles County sheriff’s officials said Bohm swerved onto the north shoulder of westbound PCH and slammed into three vehicles parked alongside on the roadway. Those parked vehicles struck the four Pepperdine students, leaving them dead at the scene, according to the sheriff’s department.
That section of PCH — a short stretch between Las Flores Canyon and Carbon Canyon roads — is known as “Dead Man’s Curve” and reportedly has seen the highest number of auto accidents on the overall 21-mile coastal road.
The tragedy prompted several lawsuits, along with numerous calls to remedy the dangers and minimize speeds along that section of PCH. No safeguards were in place for pedestrians at the crash scene, even though the city has known about the dangers for decades, lawyers for the students’ parents said after the crash.
Also during the hearing, the judge granted a defense motion allowing Bohm’s lawyers to gain access to limited information from the phone used by witness Victor Calandra on the day of the collision. At the preliminary hearing, Calandra testified that he saw Bohm holding a mobile phone between his legs and saw his thumb moving when the defendant’s vehicle pulled up next to his truck at a traffic light on PCH prior to the accident.
The next hearing in the case was set for Jan. 14.
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