The attorney for a Chula Vista drag racer argued his case should be dismissed because he slowed down and left the speed contest, but a judge disagreed and ordered him to stand trial for gross vehicular manslaughter while intoxicated and other charges.
At the end of a March 8 preliminary hearing for Nicolas Daniel Nesbitt, 22, his attorney Gloria Collins argued “he backed off and slowed down” which resulted in the race ending. She added that “Nick Nesbitt’s driving is no longer an issue.”
Sergio Isai Ramirez, 22, the passenger in the other vehicle, a black BMW, was killed Oct. 8, 2016, when his driver, Jose Molina Ramirez, 23, continued racing at 12:33 a.m. on East H Street near Corral Canyon Road. Jose Ramirez’s vehicle struck two Magnolia trees and collided with a pole on the sidewalk in the opposing lane.
Jose Ramirez, who is not related to his passenger, Sergio Ramirez, has pleaded guilty to gross vehicular manslaughter while intoxicated. Deputy District Attorney Laura Evans said Jose Ramirez could receive six years in prison when he is sentenced April 28.
Both Nesbitt and Jose Ramirez are from Chula Vista. Sergio Ramirez is from Inglewood, Calif.
Jose Ramirez also pleaded guilty to driving under the influence of alcohol, causing great bodily injury to another passenger, Luke Lightbody, and engaging in a speed contest He remains free on $100,000 bond.
“This is a tragedy. One person was responsible for this death and he’s not here,” said Collins, who asked the judge to discharge Nesbitt of all charges.
Evans argued both drivers were racing which was “a proximate cause” of the crash. Evans said witnesses did not see Nesbitt slow down.
Chula Vista Superior Court Judge Stephanie Sontag said “there was some racing” and the claim that Nesbitt slowed down and left the race would be “a factual issue for a jury to decide.”
Sontag set a trial date for May 15 for Nesbitt, who is also charged with engaging in a speed contest, driving under the influence of alcohol, and reckless driving.
Nesbitt is free on his own recognizance and no longer drives as a condition of release. He wears a device that tracks any alcohol or drug consumption and he calls an Uber when he needs a ride, said Collins.
Officer Fred Rowbotham testified he noted in a report the causes of the crash were “too much to drink and driving too fast” on the part of Ramirez. The speed limit was 45 mph in the residential area.
“It looked like he was going too fast and hit a slight curve in the road. He overcompensated and went too far,” said Rowbotham.
Officer Matthew Davison testified Nesbitt told him he felt uncomfortable during the race and slowed down because he had been drinking. “He said he broke the law,” said Davison.
The victim was in the back seat of the BMW and was not wearing a seat belt, said Collins. The two Magnolia trees in the center median were broken in half after Ramirez struck them.
