California Court of Appeals, Second District, Sixth Division
Superior Court of Los Angeles County, No. SA084351, Kathryn
A. Solorzano, Judge.
[Copyrighted Material Omitted]
D. Alger, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General, Gerald A. Engler, Chief Assistant
Attorney General, Lance E. Winters, Assistant Attorney
General, Victoria B. Wilson and Theresa A. Patterson, Deputy
Attorneys General, for Plaintiff and Respondent.
by Tangeman, J., with Yegan, Acting P. J., and Perren, J.,
about a failed drug deal, Nathan Louis Campbell drove his car
onto the Venice Beach Boardwalk and plowed into 10 separate
groups of people in close succession. A jury convicted him of
one count of second degree murder (Pen. Code, § 187,
subd. (a));  17 counts of assault with a deadly
weapon (§ 245, subd. (a)(1)); three felony counts of
leaving the scene of an accident; and seven misdemeanor
counts of leaving the scene of an accident (Veh. Code, §
20001, subd. (a)). The jury found true allegations that he
used a deadly weapon in the murder and inflicted great bodily
injury in three of the assaults. (§ § 12022, subd.
(b)(1), 12022.7, subd. (a).) The trial court sentenced
Campbell to 15 years to life plus 27 years in state prison.
It stayed the sentence for all but one of the counts of
leaving the scene of an accident pursuant to section 654.
conclude (1) the prosecutor's reference to Campbell's
post- Miranda  silence was a fair response to
Campbell's trial testimony that he cooperated fully with
police, and (2) Campbell was properly convicted of 10 counts
of fleeing the scene of an accident because there were 10
distinct accidents after which he could have stopped and
rendered aid but did not.
drove to the Venice Beach Boardwalk, where his friend tried
to buy methamphetamine. The dealer was gone a long time with
the friend's money, and the friend went looking for the
dealer. Campbell became agitated. He said to a bystander,
" I'm going to hit them with my fucking car if [the]
dude is not back," and " point them out and
I'll hit them with the car."
more time passed, Campbell got into his car and accelerated
onto the boardwalk, guiding the car through a 10-foot gap
between barriers. He drove into an ATM, pushing it into two
people (count 19). He proceeded southwest and drove into a
woman (count 20) and her boyfriend (count 21). He continued
further into a group of vendors' stands on the west side
of the boardwalk, hitting three more people (count 22). He
turned back into the boardwalk and accelerated into two more
people near the Titanic Boutique (count 23). He proceeded
south and drove into two more people (count 24). He drove
further south and steered into two people near the Venice
Suites Hotel (count 25). He drove into concession stands near
the hotel and then turned into two more people, killing one.
He carried her body on his hood for some distance without
stopping (count 18). He continued to the front of a Snapchat
store, where he ran into another person and dragged him 20
feet without stopping (count 26). After passing the Snapchat
store, he hit his final victim (count 27). He then fled the
boardwalk in his car.
surveillance captured most of the collisions. Witnesses
testified that Campbell accelerated and changed directions in
order to hit people. A witness who watched from a hotel
balcony said the car was aimed " where the people were,
not where there was an open space." Witnesses said
Campbell seemed to be in control of the car and his face
looked focused. He did not honk or wave people out of his
Campbell hit his last victim someone on a bike tried to flag
him down and people yelled for him to stop, but he drove
away. A few hours later, Campbell turned himself in to the
Santa Monica Police Department and told officers, "
I'm the one you are looking for," and " I hit
all those people." He asked them, " how many people
were hurt and how many children?"
police station, Campbell waived his Miranda rights
and answered an officer's questions. He was drunk, and
said he drank a half-pint of vodka after he hit people on the
boardwalk. He said he drank no alcohol beforehand. At trial,
he said he drank two gulps of ...