SSU student faces probation in crosswalk death of 2-year-old

A Sonoma State University student who was texting behind the wheel of her car when she struck and killed a 2-year-old girl and seriously injured the girl's mother pleaded no contest to misdemeanor vehicular manslaughter Thursday with the understanding she would receive probation, rather than jail time.

Attorneys said Judge Bradford DeMeo still could change his mind and impose a jail sentence for Kaitlyn Dunaway, 18.

DeMeo told attorneys in a closed-door conference that he was leaning toward three years probation, with Dunaway expected to complete about 300 hours of community service work aimed at educating youths and others about the dangers of distracted driving.

But Jeff Murray, who lost his daughter, Calli, in the Dec. 1 accident on southbound Snyder Lane in Rohnert Park, said he believes Dunaway should serve at least some jail time if she intends to accurately portray the risks of texting and driving.

"If she's going to educate somebody, she should have all the education behind her," Murray said, his voice breaking as he addressed the court and then began to weep.

DeMeo responded, "I can't comprehend what you are going through....I hope God blesses you, your wife and your child."

Dunaway wiped away her own tears as Murray spoke, though neither one actually looked at the other.

"I have no need to look at her," he said in an interview outside court. "I refer to her as the driver that killed my daughter."

Murray made it clear he and his wife, Ling, who is still recovering from her injuries and was not present Thursday, would again ask the judge to impose jail time.

Dunaway's attorney, Chris Andrian, said after the hearing that his client had wanted to spare Calli's family continued court proceedings and to plead guilty since she was first charged in May, despite evidence that he said exonerates her.

"I know there are going to be people who think she got off easy," Andrian said. But he added he wasn't willing to have her plead no contest without the prospect of probation.

Andrian noted that Rohnert Park police investigators determined she was not at fault in the case, a point confirmed by Deputy District Attorney Craig Brooks. Andrian said several witnesses "raised the specter that this was not Kaitlyn's fault."

He said one especially compelling witness described being alarmed at seeing that Ling Murray was about to step from the curb and made eye contact and yelled "don't," because she feared Dunaway could not stop in time.

"I think they (Rohnert Park Public Safety investigators) concluded that mom and toddler walked off the curb with no time for her to stop," Andrian said.

But outside court, Jeff Murray said his wife "recalls standing on the curb getting ready to cross and two cars stopped."

Prosecutor Brooks said the decision to file criminal charges against Dunaway reflects his office's view that she was culpable. He said prosecutors turned to an out-of-state expert whose analysis of the accident reached a conclusion opposite to that of the Rohnert Park Public Safety Department.

But the facts of the case did not rise to a felony, despite the public's desire for more serious charges, he said.

Felony vehicular manslaughter cases requires proof of "gross negligence," such as driving under the influence of alcohol or drugs, prosecutors said.

The maximum sentence for a misdemeanor vehicular manslaughter charge is one year in jail.

Dunaway, who was a star athlete at Petaluma High School, played on SSU's volleyball team.

DeMeo instructed her to return Nov. 16 for sentencing and ordered preparation of a pre-sentencing report by the Probation Department to help him decide on an appropriate sentence.

Andrian said he would advise Dunaway to withdraw her plea and go to trial if DeMeo were to change his mind about probation.

Brooks said he would decide how to proceed once he review the pre-sentencing report and discussed the case further with Calli's family.

"I would have no problem with allowing her to withdraw her plea and going to trial," he said, "because I think our case is strong."