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Friday Top Story replay: Surewood Case Resolved; Looking at Another 3 to 4 years in Plea Deal
--Gene Ross
I spoke to Brian Surewood’s attorney Ron Miller Thursday night and there are new developments in Surewood’s case. Surewood has been living in a high security area of the Los Angeles County men’s jail since October 2007 stemming from a “road rage” automobile accident that killed a child in Reseda.
“The case is resolved,” said Miller, noting that Surewood had been charged with one count of murder; one count of vehicular manslaughter, three counts of reckless driving with the enhancement of great bodily harm and three counts of leaving the scene of an accident.
Surewood and co-defendant Armando Ayon had been waiting trial in a case that resulted in a pedestrian’s death October 9, 2007.
“We spent most of the day in extensive pre-trial motions which led to further negotiations with the D.A.’s office,” continued Miller.
“They were in a very difficult position because the victims in this tragic accident have the support of the entire community.”
The incident occurred on Sherman Way, in the afternoon when co-defendant Armando Ayon's new Nissan Maxima hit a parked silver Daewoo sedan forcing that car into the rear of a Honda Civic driven by Syeda Arif.
Surewood had been driving a red Camaro. Eyewitnesses produced described how Surewood and Ayon were allegedly fighting with one another, as their respective cars cut in and out of traffic on three lanes.
According to one witness, the cars had been going about 50 mph. At one point, Surewood’s car wound up in front of Ayon’s, according to testimony. Surewood apparently stopped abruptly in the curb lane and Ayon’s car swerved into parked cars in a possible attempt to avoid a rear collision with Surewood.
The accident happened near Amestoy with Ayon careening across the westbound lanes and winding up on the center median. In the process, Arif, who was holding her baby daughter, was thrown onto a lawn along with her 5-year-old son.
The son was killed while Arif and her 10 month old daughter sustained injuries. The daughter remained in intensive care with head injuries, while Arif was rendered unconscious at the scene. Arif’s resultant injuries include the loss of her left leg, a broken right kneecap, fractured pelvis and damage to some internal organs.
“We were successful in negotiating a case settlement which the court accepted,” continued Miller.
“That settlement was Brian pled no-contest to vehicular manslaughter and to the enhancement of leaving the scene. The agreed upon sentence was eleven years. On that eleven years, I was successful in negotiating out the great bodily injury allegations.”
According to Miller had those allegations stood, Surewood would have been facing serving 85% of his sentence. By negotiating away the great bodily injury enhancement, Surewood will serve 50%.
“He got substantial credit for time served,” explains Miller.
“It’s what they refer to as good time-work time. So Brian will be going into Department of Corrections custody with credit for about 756 days. That credit will leave him with a real sentence of 4 years. There’s a substantial likelihood that his time will be reduced from 50% to one-third. That being the case he will serve something less than three years. The bottom line is he’s serving between three and four years.
“Brian entered this plea without admitting any wrong doing,” Miller continued.
“He entered the plea pursuant to a case called People V. West which allows a defendant to enter a plea because the defendant believes it’s in his best interests. In evaluating the case, the seriousness of the injuries, the death of the one child, severe brain damage to the other child and severe injuries including loss of a leg to the mother created a lot of concerns about trying the case before a jury.”
“Once the both serious charges came off the table, Brian felt that rather than roll the dice with a jury and run the risk of going to prison for life, and even beating the murder, he was looking at probably 18 years at 85%. So he accepted the negotiated plea.”
“Of course he remains extremely saddened by the injuries and the death,” Miller points out. “And the victims remain in his prayers.”
According to Miller, Surewood’s family were in court Thursday along with his girlfriend and other relatives.
“They were all supportive and all of them felt it was the best move for Brian to take,” said Miller.
“But the lawyer in me always wants to go to trial. But when you’re looking at life imprisonment as compared to three to four more years, this was the best thing.”
All told, Surewood will have served approximately 5 ½ years.
“But this is due to a lot of factors including prison overcrowding and the federal mandate to the state of California to substantially reduce the prison population,” comments Miller.
“Brian will be eligible for whatever early release programs that come along. What we’re suspecting at this point in time- and it’s just speculation- instead of doing half time- inmates will be doing one-third of their time.”
Miller notes that Surewood requested that he be allowed to serve his time in a fire camp.
‘The judge considered that and granted that motion,” says Miller.
“That doesn’t guarantee Brian going anywhere in particular but at least it’s a good recommendation from the judge.”
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