Weisenberg convicted of second-degree murder
August 5, 2011
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.
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