Weisenberg convicted of second-degree murder

August 5, 2011

Kaylee Weisenberg

By JOSH FRIEDMAN

A jury convicted Kaylee Weisenberg of second-degree murder and gross vehicular manslaughter while intoxicated in a packed San Luis Obispo courtroom Friday morning.

Weisenberg, 23, crashed into and killed CHP Officer Bret Oswald while driving on South River Road on June 27, 2010. The jury concluded that Weisenberg was under the influence of methamphetamine when she crossed a double yellow line and hit Oswald, who was attending to a disabled vehicle.

Upon hearing the verdict, Weisenberg buried her head and moments later burst into tears.

Defense attorney Tom McCormick said he was shocked by the decision and plans to appeal both convictions.

“I’m rather stunned to say the least, especially in the fact that the jurors asked about the lesser offenses at 3 oclock yesterday,” McCormick said.

The jury had the opportunity to reduce the count of gross vehicular manslaughter while intoxicated to one of five lesser offenses.

“Logically, you wouldn’t even consider the lesser offenses until you acquit on the principal charge,” McCormick said.

McCormick described Weisenberg as “broken” following the verdict.

“She’s going away for 15 to life,” McCormick said.

Weisenberg has a six-month-old girl as well a four-year-old boy, both of whom are in the custody of her mother.

Sentencing is scheduled for September 18.


12 Comments

  1. Cindy says:

    I noticed that a 21 year old girl driving North on S River Road was killed yesterday evening. She was driving too fast and lost control on a curve, she crossed the double lines and hit a tree. Big trees are very resilient and in this case, she lost her life. Everyone is very sad and sorry for her and her family as we should be. If she had lived, I wonder if she would have been charged with attempted murder? There could have been a person standing there instead of a tree and after all, the DA say’s “these types of accidents” rise to murder, so I would think since she had a near identical accident, she would be guilty of attempted murder. She surely wouldn’t be able to take ant credit for hitting a tree rather than a person?

    Like or Dislike: Thumb up 0 Thumb down 3

    • Dogpound says:

      “so I would think since she had a near identical accident, she would be guilty of attempted murder”
      Wow Cindy, that is one of the MOST unintelligent POSTS you have ever made. And you make a lot of not very intelligent posts. Are you kidding me? You are comparing a meth addict with a history of reckless driving to a poor young woman who took a turn a little too fast and lost control? How can you even defend Weisenberg? She was just found guilty by a group of people who heard all of the facts in the case. Why would you even make a comment like you did? Ridiculous.

      Like or Dislike: Thumb up 0 Thumb down 2

  2. smartmouth says:

    Very sad. Both the circumstances and the sick comments made by small-hearted people.

    Like or Dislike: Thumb up 0 Thumb down 0

  3. racket says:

    Who owns the disabled car on the side of the road that Oswald was dealing with?

    Was it dumped there by an unscrupulous owner who no longer wanted it? Did someone break down and go off for help? Why was it there in the first place?

    In the big picture, maybe it doesn’t matter so much, but if it was left in that crazy spot on purpose, whomever left it there has blood on their hands as well.

    Like or Dislike: Thumb up 6 Thumb down 17

  4. Citizen says:

    In 2004, Kaylee Weisenberg was listed on the website for Missing and Exploited Children as missing. Does anyone know anything about that.

    Like or Dislike: Thumb up 1 Thumb down 6

  5. danika says:

    I hope the Oswald family finds the peace they sought with this verdict.

    Like or Dislike: Thumb up 15 Thumb down 2

  6. pasoparent5 says:

    “McCormick described Weisenberg as ‘broken’ following the verdict…’She’s going away for 15 to life..”

    Let’s not forget the Oswald family. THEY are truly broken. They’ve lost a son and husband who isn’t just going away for 15 years; he’s gone forever.

    With all the media attention on Weisenberg, it’s good to be reminded of the VICTIM. At his funeral last year, Oswald was described as someone who always had a smile on his face, was always positive and was a real can-do type of guy. His widow said the uniform didn’t make the man, but HE made the uniform. Our community lost a really good guy that day.

    Thanks to the prosecution and jury who handled this case. And to Miss Weisenberg….well, I have no sympathy for her. I feel sorry only for her children and hope they will be raised in a better environment than a meth druggie could provide them.

    Well-loved. Like or Dislike: Thumb up 39 Thumb down 2

    • willie says:

      I concur
      She is not the only person on Earth who have children.
      Oswald family/ children have to visit him in the graveyard.
      Weisenberg children get to visit her alive with possibility of early parole.
      There is no equity, only lessons paid for with a dear price.
      The jury’s decision seems proper to me, I hope other young people learn form this.

      Like or Dislike: Thumb up 21 Thumb down 2

    • Cindy says:

      Pasoparent, The loss of Brett Oswald was heart breaking. All one has to do is take a look at his photo with that big smile. He look’s like a big loveable teddy bear. His death was senseless. Ms Weisenberg was driving way too fast for that road and she had to know it because she went through several curves before she came through the final curve and lost control.

      I would have found her guilty of Gross Vehicle Man Slaughter but not murder 2. A 15 year to life sentence means that she will probably never get out of prison. I don’t know why they never get out when they have that sentence but I’m told they DON’T or that it’s rare that they do. Ms Weisneberg was a reckless 22 year old who deserved a wake up call with the same sentence that any other person who commits man slaughter would receive, because that’s what she did in my opinion, but unlike 98% of those who commit the same crime, she was singled out for murder. On that, I do feel sorry.

      Like or Dislike: Thumb up 2 Thumb down 0

  7. winedude says:

    Hooray indeed! I was concerned that McCormick’s attempt to blame the victim would be bought by the jury. Same with the conflicting testimony regarding whether or not Kaylee was under the influence of Meth. They bought into the coroner’s testimony rather than the nonsense from the pharmacist. This time the system worked.

    Hot debate. What do you think? Thumb up 29 Thumb down 12

    • LittleAcorn says:

      Perhaps the lawyer’s attempt to blame the victim outraged the jury. If he’d just stuck to poor circumstances and poor decisions, he might have gotten one of the lesser charges.

      Like or Dislike: Thumb up 1 Thumb down 0

  8. Side_Show_Bob says:

    Most excellent. Hopefully her mother does a better job with the children than she did with the murderer….but I doubt it.

    Hot debate. What do you think? Thumb up 28 Thumb down 11

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