LOS ANGELES — A judge sharply criticized prosecutors Friday for failing to provide medical records linking a 2022 DUI crash to a man’s death two years later, casting doubt on a nearly $100,000 restitution request.
During a restitution hearing at the Los Angeles County Airport Courthouse, Judge Birnstein expressed frustration as a long-running DUI case proceeded with expert testimony, while Deputy District Attorney Keith Duckett repeatedly failed to provide prior medical examinations. Those records were expected to support the prosecution’s claim that the victim experienced a significant lifestyle change after the crash—potentially justifying a $99,810 restitution request that includes $57,000 in funeral costs, $6,500 in caregiver expenses, and $36,310 in additional compensation.
The accused had previously been charged with DUI with a blood alcohol content of 0.08% causing bodily injury, stemming from a March 21, 2022, crash in which the accused allegedly struck another vehicle that then collided with the victim’s car.
The victim was left in a coma following the crash and died on Jan. 9, 2024. Prosecutors argued that injuries sustained in the accident hastened the man’s death. However, the medical examiner testified that the primary cause of death was preexisting heart disease—not trauma from the crash.
DDA Duckett called Dr. Richard Ou, the coroner who performed the autopsy, to testify. Dr. Ou described the victim’s cardiovascular condition, citing atherosclerosis—or the narrowing of coronary arteries—as the main cause of death. He also confirmed the victim was classified as obese, with a body mass index of 37, and noted prior treatment for the crash injuries included the surgical placement of a metal plate in the skull.
Dr. Ou testified that the victim initially suffered subarachnoid and subdural hemorrhages—types of brain bleeds—as a result of the crash, and remained in a coma for two months. Duckett argued these injuries significantly impaired the victim’s health, ultimately contributing to his death nearly two years later.
Family members of the deceased testified that the victim was healthy and active prior to the crash. Duckett suggested the accident led to a dramatic decline in the man’s mobility and physical activity, thereby accelerating the progression of his heart disease.
During cross-examination, Duckett asked whether the victim could have developed cardiovascular disease in the two years between the accident and his death. Dr. Ou replied that while the condition could have worsened in that time, heart disease takes longer than two years to develop and likely existed beforehand.
Judge Birnstein reiterated the question, asking whether the disease could have progressed to the extent seen in the victim solely within the two-year span. Dr. Ou responded definitively: “No.”
While the prosecution conceded that the cause of death was not conclusively linked to the accident, Duckett maintained the crash and its after-effects were substantial contributing factors. The defense countered that, given the victim’s medical history, his health decline was foreseeable and no direct evidence tied the accident to his eventual death.
In her closing remarks, Judge Birnstein noted the complexity of the case and emphasized the need for further medical documentation before making a decision on restitution. She also expressed frustration over the case’s prolonged timeline.
“You’ve provided no evidence—beyond family testimony—that the victim experienced a significant lifestyle change after the accident,” Birnstein told Duckett, admonishing him to submit more substantive evidence at future hearings.
The next court date is scheduled for June 13, 2025.
