Joshua Ryan West, a Los Gatos bicyclist, was killed nearly two years ago at the intersection of Lark Avenue and Garden Hill Way, and the case against the man charged with his death is still moving slowly through the local courts system.
This week, Kevin Derr, 52, appeared in Department 23 of the Santa Clara County Hall of Justice in San Jose accompanied by a different attorney, Kenneth W. Robinson. He had been represented by attorney Edward Esqueda.
Derr has been charged with one count of vehicular manslaughter with gross negligence.
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The case took an interesting turn in March when Santa Clara County Superior Court Judge Ron Del Pozzo rejected Derr's plea agreement. The deal was refused when Esqueda objected to Del Pozzo's plan to impose a four-year jail sentence and withdrew Derr's original "no contest" plea, which had allowed his punishment to be determined by a judge.
Santa Clara County Superior Court Judge Jerome Nadler has now set a preliminary hearing for 8:32 a.m. Nov. 16.
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Santa Clara County Deputy District Attorney Cody Jones asked for the hearing to be continued until the later date, because she had two unavailable witnesses, she said.
Esqueda had negotiated a court offer of a so-called "two-year-top" sentence, but Del Pozzo decided two years was not enough time in prison for the crime, Jones said.
He's now entered a not-guilty plea, Jones said.
According to police reports, the 28-year-old West was on his bicycle at the intersection of Lark Avenue and Garden Hill Way the morning of Feb. 1, 2010, when Derr struck him. He was pronounced dead at the scene. He left behind a young daughter, Briana.
Esqueda has argued that Derr has no criminal record, suffered a seizure at the time of the accident and has medical records that indicate his roommate had reported him having "convulsions" about once a month that lasted about 20 minutes, according to Santa Clara County Deputy District Attorney Leigh Frazier, who's no longer prosecuting the case.
Hospital documents reveal he had seizures on Oct. 15, 2009, while he was driving for 15 minutes, and also on Nov. 22, 2009—and that on Feb. 1, 2010, he had a lapse of consciousness while driving, Frazier said.
Robinson didn't immediately return several phone calls seeking comment.
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