By Charles M. Kelly
Opening arguments began on Wednesday, June 9 in the DUI murder trial of the man accused of killing College Park East resident Cathy Busse in 2008.
Alex David Trujillo, 45, Garden Grove, has pleaded not guilty to the murder charge. He faces a maximum sentence of 15 years to life in state prison if convicted of murder in the October 2008 traffic death.
The trial was scheduled to continue on Monday, June 14.
According to the Orange County District Attorney’s Office, Trujillo was under the influence of alcohol and prescription drugs at the time of the traffic death.
Opening arguments do not mark the beginning of a trial. Jury selection takes place before opening arguments.
“The purpose of opening statements by each side is to tell jurors something about the case they will be hearing,” according to the American Bar Association Web site.
“The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative,” the ABA Web site said.
“The trial begins with the opening statement of the party with the burden of proof,” the Web site said.
“In a criminal trial, the burden of proof rests with the government, which must prove beyond a reasonable doubt that the defendant is guilty,” the Web site said.
Case history
Busse and her autistic son Samuel, who was 14 at the time, were riding their bicycles late Sunday afternoon, Oct. 12, 2008 on Lampson Avenue. At about 4:55 p.m., they were struck by a Ford truck that went over the curb, across the sidewalk, struck the bike riders and then slammed into a tree.
According to the DA’s Office, the truck was traveling at 45 mph when it hit the mother and son.
In the DA’s most recent press release on the case, prosecutors have accused Trujillo of driving with a blood alcohol level of 0.11 percent. Previously, the DA’s Office put his blood alcohol level at 0.16 percent.
In either case, by California law you are considered drunk if you are driving with a blood alcohol level of 0.08 percent.
At the time of Busse’s death, the Seal Beach Police Department held back the detail that the vehicle went over the curb and across the sidewalk. However, the District Attorney’s Office made that detail public in a press release announcing charges against Trujillo.
The driver as well as Samuel and Cathy Busse were taken to a hospital. Sam Busse was released after being treated for minor injuries.
Cathy Busse was taken off life support on Tuesday, Oct. 14. She died Wednesday, Oct. 15.
Seal Beach detectives arrested Trujillo for murder and driving under the influence Saturday, Oct. 18, when Trujillo was released from the hospital.
However, when the DA’s Office took the case to court, Trujillo was charged with vehicular manslaughter. Later, the charge was changed back to murder.
Trujillo’s history
“Trujillo, who has a prior 2002 conviction for driving under the influence, had completed an alcohol awareness class and a Mothers Against Drunk Driving panel, during which he was advised of the dangers of driving under the influence of alcohol and drugs,” according to the DA’s most recent statement on the case.
According to the Orange County Superior Court Web site, occourts.org, a man named Alex David Trujillo pleaded guilty on May 23, 2002 to charges of driving under the influence and driving with a blood alcohol level of 0.08 percent or more.
The physical description of the defendant in that case is identical to the physical description of the defendant in the Busse murder.
The DUI case apparently occurred on Feb. 23, 2002.
According to occourts.org, Trujillo was sentenced to three years on informal probation, $1,054 in fines, a 90-day restriction on his driver’s license and eight hours of community service for each of the two counts against him.
Trujillo also received a speeding ticket in 2007. The violation was dismissed after he attended traffic school.
According to the Orange County Sheriff’s Department Web site, Trujillo has been in custody since his arrest. Bail set at $1 million. According to the Sheriff’s Department, Trujillo’s occupation is “custodial.”v
