It’s been more than two months since a rollover crash in Nipomo left one of the car’s passengers—10-year-old Elijah Olivas—critically injured. San Luis Obispo County prosecutors closed the preliminary hearing alleging that the accident was caused by the actions of the only legal adult in the car, John Gilbert Martinez, a Guadalupe resident and wrestling coach for the youth in the car.
The 16-year-old who was driving the vehicle during the accident—identified only as Anthony in court—testified that Martinez was initially driving the vehicle, but Anthony insisted on driving the vehicle after witnessing Martinez take a large number of pills. Anthony testified that he wanted to take Martinez to the hospital, but was instead convinced by the elder to continue to a wrestling practice at Nipomo High School.
It was after making Martinez sit in the back of the vehicle while Anthony drove that Martinez began choking him, causing Anthony’s hands to leave the steering wheel and veering the 1995 Toyota Avalon into oncoming traffic, Anthony testified. After over-correcting to avoid a collision, the vehicle went into a roll, jettisoning Elijah Olivas, according to Anthony’s testimony. Olivas received emergency care at Marian Medical Center before being airlifted to a Bay Area children’s hospital.
Olivas—who recently turned 11 years old—suffered many bone fractures, kidney failure, and a severed hand, which was successfully reattached. The boy has a long road of recovery ahead, according to the family, but his physical therapy is moving in the right direction, including some mobility returning to the injured hand.
Superior Court Judge Jacquelyn Duffy found the prosecution’s evidence compelling enough to have Martinez stand trial for seven felony counts, including mayhem, felony battery, assault causing bodily injury, willful cruelty to a child, being under the influence of a controlled substance, and interfering with a driver’s control of a vehicle.
Martinez’s defense attorney, however, argued that her client was trying to stop the youth from driving recklessly, and that the testimony of Anthony and the other youth in the car was dishonest.
Whether Martinez had the welfare of the youth in mind will be decided at trial—he will be arraigned in San Luis Obispo County Court on Dec. 30—but SLO County District Attorney investigator Neil Clayton testified at the pretrial that the defendant was most certainly intoxicated at the time. The wrestling coach had possibly dangerous levels of methamphetamine and prescription benzodiazepines in his body when arrested following the accident.
This article appears in Dec 24-31, 2015.