A state appellate court panel has upheld a man's second-degree murder conviction for fleeing from police during a traffic stop in Pomona and crashing into another vehicle, killing its driver.
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In a ruling Thursday, the three-justice panel from California's 2nd District Court of Appeal rejected the defense's contention that the jury that heard the case against Eli Lopez, now 27, should have been instructed on the lesser offense of vehicular manslaughter and that jurors had received an ambiguous instruction on the requirement for intent on the murder charge.
"This is not a close case. The evidence, which defendant does not contest on appeal, shows that he ran five stop signs at increasing speed in an attempt to evade law enforcement ... Defendant's recklessness culminated in him approaching a red traffic signal at a minimum speed of 106 miles per hour in a 35 mile per hour zone,' the panel found in its 11-page ruling. "All of this took place on a weekday at approximately 4:00 p.m. in a residential neighborhood with elementary schools and parks. Under any conceivable standard, this is objectively dangerous conduct."
Jurors deliberated for 32 minutes before finding the Pomona man guilty in March 2024 of one count each of second-degree murder, evading causing death, hit-and-run causing death and driving a vehicle without consent, according to Deputy District Attorney Michelle Weiske.
The charges stemmed from a Feb. 3, 2021, crash in which a stolen Honda Accord driven by Lopez collided with a Nissan Maxima containing Rolando Pinto-Mendez near San Antonio Avenue and Philadelphia Street.
Pinto-Mendez, 26, of Pomona, died from blunt force trauma at the scene of the crash, the prosecutor said.
Lopez tried to flee from the scene on foot and stole a child's bicycle from her family's front yard, but was quickly arrested in an alleyway about two blocks from the scene of the crash, according to the appellate court ruling.
Police had tried to pull him over after seeing him run a stop sign, but called the pursuit off about 40 seconds later after he ran through several other stop signs and were not chasing him at the time of the crash, according to the prosecutor.
At Lopez's May 2024 sentencing, the victim's aunt, Maria De Rosario Ortega, questioned why Lopez didn't stop, saying that her nephew would have been able to see his younger brother graduate from high school.
She called her nephew "selfless, kind, responsible and loving" and said he was a huge fan of "Batman," adding that she thought the defendant should think of him every time he sees the Batman character or logo.
Los Angeles County Superior Court Judge Mike Camacho ordered Lopez -- whom he said had a "significant" prior criminal history -- to serve 19 years and eight months to life behind bars.
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