An Arroyo Grande man who killed a 73-year-old local church pianist won't face a second-degree murder charge for her death as part of plea bargain reached earlier this month.

On April 4, Chad Robert Tolley pleaded no contest to one count of gross vehicular manslaughter while intoxicated in exchange for prosecutors dropping the murder charge, according to the San Luis Obispo County District Attorney's Office.

Tolley, the son of longtime San Luis Obispo police Lt. Steve Tolley, is scheduled to be sentenced Thursday, May 24, in front of San Luis Obispo County Superior Court Judge Ginger Garrett.

The 20-year-old faces a maximum sentence of 10 years in state prison; however, Garrett has the right to not accept the terms of the plea bargain and throw out Tolley's plea, said Chief Deputy District Attorney Stephen Brown.

During Tolley's preliminary hearing, his attorney, Robert Sanger, argued the case should be tried as vehicular manslaughter, but Garrett disagreed and ordered Tolley to stand trial for murder.

Had he been convicted of the murder charge, he faced a maximum sentence of life in prison.

Tolley killed Mildred “Millie” Louise Minnich on Sunday, May 7, 2006, when the 2005 Chevrolet Impala he was driving southbound on Highway 227 crossed into oncoming traffic and slammed head-on into Minnich's Toyota Avalon.

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She was transported to Arroyo Grande Community Hospital, where she died from her injuries.

Minnich was returning home from a day trip to Santa Barbara, where she had traveled after church to visit one of her children, when the fatal accident occurred.

Tolley was driving about 30 mph over the posted speed limit and was also under the influence of alcohol and marijuana the night of the accident, according to the California Highway Patrol.

He was also injured and transported to the hospital, where he was arrested on suspicion of driving under the influence and causing a fatal injury.

He was released from County Jail on May 24 after posting $500,000 bail and has remained out of custody since then.

Minnich attended Sunday church services at Guadalupe Community Church, where she played hymns on the piano and has been greatly missed by her fellow parishioners since her death.

“For the whole church family, she was like a breath of spring air,” said Guadalupe Community Church Pastor Jim Wickstrom. “When she played the piano, it just touched all of our lives.

“She can never be replaced. She's missed more than words can say. We still talk about her today.”

Close friend Gail McMoran also remembers Minnich as an accomplished pianist who “lit the place up” when she played hymns during Sunday services.

“She was a very warm and loving lady,” McMoran said, adding that she's “outraged” at the plea bargain offered to Tolley. “A message needs to be sent out (to people who drink and drive) ... that you don't just get to plea bargain.”

Minnich was preceded in death 12 years ago by her husband, David, and is survived by their four grown children.

April Charlton can be reached at 489-4206, Ext. 5016, or acharl

ton@santamariatimes.com.

April 20, 2007