The Gilroy driver who accidentally killed Norman Watenpaugh, a
76-year-old environmentalist, pleaded not guilty to vehicular
manslaughter charges Tuesday in county court.
The Gilroy driver who accidentally killed Norman Watenpaugh, a 76-year-old environmentalist, pleaded not guilty to vehicular manslaughter charges Tuesday in county court.
Stephen Richard Lake, 28, was driving south on Wren Avenue in a Dodge Dakota pick-up truck the evening of Oct. 15, 2006 when he hit Watenpaugh as he crossed the street near El Cerrito Way.
Watenpaugh walked two miles after every meal, and had celebrated his 76th birthday with his children and grandchildren an hour earlier at their Chiesa Drive home. Lake was returning to Gilroy from Morgan Hill and didn’t see Watenpaugh until it was too late, he told police.
The driver said he slammed the brakes but couldn’t stop in time; afterward, Lake checked Watenpaugh’s pulse, then shouted, “Get up!” over and over. When police arrived, they found Lake crying alongside his truck.
Friends and family mourned Watenpaugh as a passionate advocate for the area’s barn owls, bluebirds and other species threatened by habitat loss. Since retiring, the agricultural engineer had taken up a slew of activities, including the Audubon Society, the Garlic Festival, Lions Club, coordinating Earth Day events and volunteering with the Boy Scouts.
Before his death, Watenpaugh had built more than 100 birdhouses, posted along Uvas Creek, and Christmas Hill and Las Animas parks. One of his daughters, Norma Watenpaugh, said it’s been difficult to fill the gap he left: The family is still sorting through his files, trying to find volunteers to pick up where Watenpaugh unexpectedly left off.
In January, deputy district attorney Amir Alem filed vehicular manslaughter charges against Lake, who remains free on bail. Blood-alcohol tests conducted immediately after the accident showed no drugs or alcohol in Lake’s system, except for prescription medications he said didn’t affect his driving. Medication bottles and prescriptions found in Lake’s truck have been entered into evidence by Gilroy police.
The speed limit on Wren Avenue is 35 miles per hour, but Gilroy police were unable to determine whether Lake was speeding. Cpl. Justin Matsuhara said there were no tire friction marks that might indicate braking, and help him estimate the truck’s speed.
However, Matsuhara said Watenpaugh had clearly established his right-of-way by standing in clear sight by the intersection, illuminated by a nearby streetlight.
Just before the crash, three passing bicyclists saw Watenpaugh standing by the road. There is no marked crosswalk at the intersection.
“He momentarily yielded the right-of-way to passing bicyclists, showing due care for his safety as well as passing traffic,” wrote Matsuhara in a police report, concluding that Lake caused the collision by violating Watenpaugh’s right-of-way.
The driver’s father, Harold Lake, also raised concerns when he told police that Stephen Lake is legally blind in his left eye. The vision problem isn’t correctable, Harold Lake told police, and has existed since birth. Matsuhara checked the driver’s license for restrictions, and found none. He later tried to contact Stephen Lake, but was unsuccessful.
Before entering his plea, Stephen Lake asked Judge James Chang what the indicated sentence for vehicular manslaughter without gross negligence, a misdemeanor, might be.
Chang said he couldn’t indicate a sentence. Lake then entered his plea, and said he would require a public defender. He will next appear at the county courthouse in San Martin 9am May 31.
