HOLLISTER
– A crash-scene expert is challenging law enforcement’s version
of a deadly July 4 accident that killed a Salinas man with close
local ties.
HOLLISTER – A crash-scene expert is challenging law enforcement’s version of a deadly July 4 accident that killed a Salinas man with close local ties.
Defense attorney Arthur Cantu, representing Robert Orabuena on vehicular manslaughter charges, said in San Benito County Superior Court on Wednesday an expert can provide evidence the 41-year-old Gilroy resident was not at fault. Joseph Judnick, 48, who grew up in Morgan Hill and graduated from Live Oak High School, was killed in the accident that occurred on Fairview Road in Hollister.
Cantu said the motorcycle accident reconstruction expert examined the accident scene and found grooves and scratch marks in the roadway from where he says Judnick laid down the 2002 Harley-Davidson V-Rod motorcycle Judnick was riding to avoid colliding with a 1987 Dodge Ram Van driven by Orabuena, who was making a left turn into a driveway.
“The scratches were 150 feet long, and his motorcycle was still traveling with enough velocity that when it struck the van, it spun the van around 180 degrees.” Cantu said.
He said in order for that to have happened, Judnick would have been traveling at a very high rate of speed.
“In that case, he would be at fault, not my client,” Cantu said.
The California Highway Patrol determined there wasn’t enough of a skid mark at the scene to determine the speed Judnick was traveling, said CHP officer Brad Voyles.
Law enforcement officials and the district attorney’s office say Orabuena made the turn in front of Judnick and was at fault for the fatal accident.
During Wednesday’s hearing, Judge Harry Tobias scheduled prosecutors and the defense team to return to court on Sept. 17 for a preliminary hearing to determine if there is sufficient evidence to order Orabuena to stand trial on a felony charge of gross vehicular manslaughter.
Judnick’s parents and his family, who live in Hollister, could not be reached for comment on Cantu’s assertions by press time.
However, in previous interviews, Judnick’s family said the father of two was an experienced and skilled motorcycle rider and it would be highly uncharacteristic of him to travel at unsafe speeds.
“This was a tragedy, and we feel really, really saddened about the loss of Mr. Judnick, but let’s end the loss there and (not) include my client,” Cantu said.
Orabuena was arrested on the evening of the accident when CHP officers believed he was driving under the influence of either alcohol or drugs.
Based partially on the assumption that Orabuena was driving under the influence, the district attorney’s office charged him with second-degree murder and gross vehicular manslaughter.
However, repeated tests have concluded Orabuena was not under the influence of drugs or alcohol, and prosecutors dropped the murder charges against Orabuena.
