Driver involved in fatal crashgoes to court
By MARSHA DORGAN
Register Staff Writer
A man facing murder charges after an erratic drive through Napa had a court hearing Monday where witnesses testified that he seemed to be under the influence before his car slammed into another vehicle and killed a woman on Jamieson Canyon Road.
Two men said at a preliminary hearing in Napa Superior Court that Brian Hust showed signs of being impaired before the crash that took the life of 60-year-old Luz Lopez Martinez Dec. 14.
Hust, 34, of Napa is facing charges of murder, gross vehicular manslaughter, driving under the influence and causing great bodily injury.
At Monday's hearing, Hust sat next to his attorney, deputy public defender Mark Henderson, listening intently as an ambulance driver and a coast guard officer testified that while they were administering first aid to Hust, they believed he showed symptoms of being under the influence.
A bottle containing 30 pills made up of Norco and morphine were found in driver's door compartment of Hust's 4Runner, California Highway Patrol Officer Richard Mattos testified.
The label had been removed from the pill bottle. It was found taped to a warning pamphlet stating the effects the medication might have upon those who take it.
Trey Jones, who is with the U.S. Coast Guard, testified he was the first person to reach Hust, who was sitting seatbelted in his 4Runner after the crash.
Jones, who said he is trained in first aid, said Hust told him his vehicle went off the side of the road, he lost control and then the sport utility vehicle shot across the road, crashing into Martinez's sedan.
"He (Hust) seemed to be very calm and mellow. It was like it was to the point he was drunk without the smell of alcohol. It was like when a person is beyond drunk," Jones said. "His speech was slurred."
Jones testified Hust did not suffer any visible head trauma in the crash.
Referring to Jones' medical aid training, Henderson asked him if was familiar with the idea of closed head trauma.
"You are aware a person can suffer head trauma without any outward signs?" Henderson asked.
"Yes sir. I'm aware of that," Frey answered.
Napa ambulance driver Verlon Seslini said he drove an ambulance to the crash scene.
Seslini told assistant district attorney Lee Philipson that during his almost 10 years as a trained emergency medical technician, he has been to more than 1,000 serious accidents. Of those, he said about 250 involved alcohol or drugs.
Seslini testified that after he determined Martinez was dead, he went to attend to Hust, who was being taken from his SUV to be airlifted to the hospital. "I asked him four questions. His speech was slow, sluggish," Seslini said.
When Philipson asked Seslini if he believed Hust was under the influence, Seslini replied, "Yes."
"Usually at an accident where a patient is conscious, he is much more anxious, upset. His heart rate was slow and his blood pressure was below normal. He had no trauma to the head and never complained of pain to his head," Seslini testified.
He also testified he did not believe Hust fell asleep at the wheel.
"People who have fallen asleep at the wheel upon our arrival are scared, crying and extremely upset," Seslini said. "Once they have woken up after they crash, they are not acting tired and sluggish."
James Lobb was driving not far behind Hust the day of crash. He testified he stopped to help, trying to keep Hust calm until fire and medical crews arrived.
"He was talking to me. He was worried about his vehicle. It told him that he tore it up pretty badly," Lobb testified. "He told he had some pills in his pocket and needed to take one. I told he him he wasn't taking any pills with me."
A pharmacist who filled Hust's prescription for the same drug on Dec. 8 testified she not only gave Hust the pamphlet explaining the side effects of the drug, but also cautioned him verbally about driving, stating the drug can make a person drowsy.
The day of the crash, witnesses told CHP officers that Hust's SUV was first spotted on Soscol Avenue near Silverado Trail.
Witnesses said he was driving erratically as he headed south on Soscol Avenue toward Jamieson Canyon and eventually to the scene of the accident.
Hust was weaving all over the road and passing cars on the dirt shoulder, the CHP said. On Jamieson Canyon, the 4Runner ran onto the right side dirt shoulder.
When Hust jerked the steering wheel, pulling the vehicle back onto the roadway, it shot across the road, slamming head on into the driver's side of Martinez's vehicle.
This is not Hust's first encounter with Napa County law enforcement.
On Sept. 23, 2004, he was arrested for misdemeanor DUI.
On Oct. 27, he pleaded no contest to the charge and was sentenced to three years probation and fined $855. The terms of his probation required that he not drive with alcohol or drugs in his system.
Hust's preliminary hearing is expected to wrap up by Wednesday. At that time Superior Court Judge Francisca Tisher will rule whether he will be held to answer to the current charges.
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