Jury rules Los Osos man did not drive high in fatal crash
March 31, 2017
A San Luis Obispo County jury found a Los Osos man not guilty of four felony counts this week related to allegations he was high on spice when he crashed his car, killing two passengers and injuring two others. The jury found Tanner Mengore, 24, guilty of one misdemeanor count of vehicular manslaughter.
Mengore had been charged with two counts of gross vehicular manslaughter while intoxicated for the deaths of 22-month-old Mason Simmonds-Gibson and 17-year-old Simon Brito. The judge instructed the jurors that they could also find Mengore guilty of three lesser charges on each manslaughter count.
On Thursday, jurors convicted Mengore of vehicular manslaughter in the death of the toddler, but deadlocked on the count pertaining to the death of the teenager. The jury hung 7-5 in favor of guilty on the second count of misdemeanor vehicular manslaughter.
Mengore was also charged with child endangerment and driving while under the influence of drugs causing injury. The jury acquitted Mengore of both charges.
On Oct. 25, 2014, Mengore drove his four passengers, three of whom were siblings, to a smoke shop in Cambria to buy spice, a synthetic marijuana. CHP investigators alleged Mengore smoked spice prior to losing control of his SUV on Highway 1 in Cayucos and causing the fatal crash.
Following the crash, the grandmother of the toddler who died said the adults in the vehicle were addicted to spice.
During trial, Mengore took the stand and testified that he took a hit of spice about 30 minutes before driving, but he did not feel any effects. Defense attorney Ilan Funke-Bilu pointed to low THC levels in Mengore’s blood, while prosecutors said the blood sample was taken three hours after the crash.
Mengore is scheduled to return to court on April 14 for a hearing addressing sentencing and the count on which jurors deadlocked. He faces up to one year in jail, but Funke-Bilu plans to argue for probation and no jail time.
“The jury found as a matter of law that this young man was not under the influence,” Funke-Bilu said. “I have always believed in Tanner. He has always maintained his innocence and that he was not under the influence of anything.”
In a separate case, the mother of the toddler killed in the 2014 crash sued Paradise Smoke Shop in Cambria over the spice it allegedly sold to Mengore. The lawsuit has yet to go to trial.
The comments below represent the opinion of the writer and do not represent the views or policies of CalCoastNews.com. Please address the Policies, events and arguments, not the person. Constructive debate is good; mockery, taunting, and name calling is not. Comment Guidelines