Lawyer Seeks Dismissal of Murder Charges Against BMW Driver
A prominent attorney representing Fraser Bohm, the driver involved in a tragic incident that resulted in the deaths of four Pepperdine University students, is now asking a judge in California to dismiss the murder charges, arguing that the charges are excessive.
Jacqueline Spalanga, Bohm’s lawyer, submitted a 55-page motion on September 30, criticizing the prosecution’s case from an April trial. She contends that the murder charges against the 23-year-old are unfounded.
Bohm faces charges of murder and vehicular manslaughter for the October 17, 2023 incident, where he allegedly struck and killed Niamh Rolston, 20, Peyton Stewart, 21, Asha Weir, 21, and Deslyn Williams, 21, while driving over 100 miles per hour in Malibu.
“We think that the facts from the preliminary hearing don’t actually support a murder charge, so we’re really asking the court to review everything presented and see that it doesn’t meet the standards for murder,” Spalanga said during a phone conversation.
She repeated her assertion that Bohm had been “grossly overcharged,” emphasizing that this should not be classified as a murder case. “This is our first effort to get the murder charge thrown out,” she added.
Bohm appeared in court in Van Nuys on Wednesday, where Spalanga presented her arguments to Judge Thomas Rubinson of the Los Angeles County Superior Court.
The motion asserts that the evidence presented by prosecutors does not adequately support the second-degree murder allegations.
It further claims that the prosecution’s argument involved a “confused presentation” of an “implied malice” theory that lacks factual and legal backing.
According to prosecutors, Bohm was driving at 164 mph on a dangerous stretch of the Pacific Coast Highway, where the speed limit is 45 mph. He reportedly lost control of his vehicle, hitting three parked cars and four Alpha Phi sorority sisters who were nearby.
All four victims were college seniors and sadly died at the scene.
Two other individuals sustained injuries in the crash, while Bohm emerged without any harm.
Initially charged with gross negligence manslaughter, the charges against Bohm were elevated to four counts of murder just a week later.
He pleaded not guilty in August, accompanied by Alan Jackson, a defense attorney known for his recent victory in securing an acquittal for Karen Reed, who faced similar charges the previous year.
Last month, Jackson sought a reduction of Bohm’s bail from $4 million to $2 million, but this request was denied.
Jackson, who was hired by Bohm’s family, mentioned that they had sold their home and depleted their retirement savings to cover his legal expenses.
Bohm could face multiple life sentences if convicted, with a public hearing slated for November 10.
