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By admin at Tue, 2005-10-25 09:54 A Redding driver accused of second-degree murder in the death of a road worker last week was arraigned Monday in Shasta County Superior Court where his public defender entered a not guilty plea on his behalf. Lawrence Javier Apodaca, 34, who is facing life in prison if convicted of the charges against him, is tentatively due to have his preliminary hearing Nov. 3. He is charged with murder and a series of related crimes, including a special circumstance of vehicular manslaughter and having three prior misdemeanor driving under the influence convictions. Apodaca is suspected of having been drunk when his minivan slammed into a street sweeper operated by Ronald Joe Toney, 45, of Redding on Thursday night on the Market Street Bridge. An employee of J.F. Shea Co. Inc., Toney was thrown to the ground and crushed by the heavy machinery, which traveled nearly 70 feet from the point of impact before coming to rest on its side. Apodaca also is charged with DUI with injury, driving with a suspended license and driving without insurance. Furthermore, he's charged with an unrelated misdemeanor count of battery. Shasta County Deputy District Attorney Stew Jankowitz urged retired Fresno County Superior Court Judge Harry N. Papadakis to boost Apodaca's $1 million bail to $2 million, saying the defendant would pose a danger to society if released. Papadakis kept Apodaca's bail at $1 million, but added another $25,000 for the misdemeanor battery count. In that case, Apodaca is accused of hitting his girlfriend's daughter, Tamber Gilliam, 19, the night before the crash. Apodaca, who told Papadakis that his sole source of revenue was from Supplemental Security Income (SSI), has at least three misdemeanor DUI convictions, as well as two out-of-state DUI warrants and six failures to appear, Jankowitz said. In addition, he said, the district attorney's office is trying to determine if he has any other out-of-state warrants and convictions. Jankowitz said Apodaca's blood-alcohol level should be made available today. This is cache, read story here login to post comments |