Pumar Trial: Emotionally Charged Closing Arguments

"It looked like a tornado touched down on that stretch of California Street."

That's how Deputy District Attorney Duffy Magilligan described to the jury the accident scene at Escuela Avenue after Matthew Nando Pumar's car came to a rest, but not before striking William Ware on June 21, 2012.

Magilligan, who must prove that Pumar's behavior was "gross" a greater charge than ordinary negligence, told the jury to consider that the defendant made a conscious decision to run the red light because "he was being impatient."

He called Pumar "indifferent" and suggested to jurors that the defendant had four seconds to reconsider "barreling" down California Street to catch the yellow light.

And while some witnesses may have guessed Pumar's speed or distance from the light, all the witnesses know the difference between a yellow and red light, Magilligan argued.

For the defense, Dennis Smith told jurors to consider that the testimony of all the witnesses was unreliable and even if portions were true, his client's car would have still made it inter the intersection while the light was yellow.

"The conundrum the district attorney faces is that the higher the assumption is about Matt's speed approaching the intersection, the more likely the light was yellow," Smith said. "It can't be both."

In particular, Smith focused on the testimony of Joshua Bailey who drove a white construction truck through the intersection just before Pumar approached in his gray 2004 Audi A4. Smith told jurors that he believed Bailey was "somewhat less then truthful" about which lane he used to make his left and even if he told the truth, Smith asked the jury to consider "how can you miss an approaching car?"

"The truth is that they were both in the intersection on the yellow and Bailey," Smith said. "Unbelievable."

As a result, Smith suggested that Bailey "has a dog in this fight" because it's embarrassing that he "works for a company the City of Mountain View hired to put left turn arrows" at the intersection.

"How ironic that he proved the need for left turn arrows," Smith said.

Jim Ware, brother of the deceased, felt that Magilligan made logical and reasonable arguments about the evidence in the trial to prove his case. He felt that the jury would have to discount so much evidence for Smith's argument to work. 

And he agree that people may not be good at guessing speed, "but all are clear on yellow versus red lights."

The twelve-member jury (with two alternates) will commence deliberations Thursday afternoon. Stay tuned to Patch for the verdict.