Friends of an intoxicated Santa Barbara woman who spent an evening drinking at a Santa Ynez bar begged her not to get behind the wheel, but she sped off anyway in her Mercedes Benz, according to testimony Wednesday from an investigator with the California Highway Patrol.

A short time later, Ashley Johnigan’s car slammed head-on into a Dodge Stratus driven by Laura Cleaves, killing the longtime senior criminal investigator with the Santa Barbara County District Attorney’s Office.

Cleaves, 53, of Santa Ynez was pronounced dead at the scene of the collision on Highway 154 near the intersection with Highway 246.

Johnigan, 23, was in Santa Barbara County Superior Court in Santa Maria Wednesday for a hearing to determine whether there is enough evidence to warrant a trial on the charges she faces, including murder, stemming from the May 1 incident.

The case prosecutor, Deputy Attorney General Michael Keller, finished presenting his evidence late Wednesday, and the hearing was set to resume this morning before Judge James Rigali.

Among the three witnesses Keller called to the stand, all law enforcement officers, was CHP Officer Scott Peterson, the lead investigator in the case.

Peterson testified that the officer who arrested Johnigan on suspicion of driving under the influence at the crash site noted that she had slurred speech and watery eyes.

Advertisement

“And she made the comment that she was drunk and just wanted to go home,” Peterson testified.

Keller and Johnigan’s attorney, Robert Sanger, agree that Johnigan’s blood alcohol-level was measured at .24 percent at Santa Barbara Cottage Hospital after the crash. That’s three times the level — .08 percent — at which the law presumes someone to be drunk.

Johnigan, who is free on $200,000 bail, has pleaded not guilty to charges of murder, gross vehicular manslaughter while intoxicated, and two counts of driving under the influence causing great bodily injury.

The DUI causing great bodily injury counts are due to injuries to Cleaves and the driver of a third car, a Ford Escape that the California Highway Patrol said Johnigan’s car collided with after it hit the Stratus. The driver of the Escape suffered minor injuries, as did Johnigan.

The Attorney General’s Office is prosecuting the case because Cleaves was employed with the District Attorney’s Office, which presents a conflict of interest for local prosecutors.

According to several of her friends, Johnigan spent several hours drinking at Maverick’s Saloon in Santa Ynez the evening of the fatal crash, Peterson testified.

One friend said that Johnigan had “several” drinks, according to Peterson. The friend offered to arrange a ride home for Johnigan numerous times, the investigator testified.

Other friends also urged Johnigan not to drive, as did the main bartender at Maverick’s, Peterson said.

One friend described the defendant as “sloppy” and “obviously intoxicated”, he said.

Johnigan got in her car shortly before midnight, telling a friend that she just wanted to sit in the vehicle, according to Peterson.

The friend went inside the bar to get a glass of water for Johnigan, and the defendant agreed to not drive, the officer testified.

Peterson said that when the friend came outside with the bartender, a precaution in case Johnigan tried to drive, the friend saw the tail lights of Johnigan’s vehicle as she drove off.

The bartender ran back inside and called 9-1-1, the officer said.

There was also testimony by prosecution witnesses that Johnigan has a history of driving drunk, and one friend reportedly had warned Johnigan that if she continued driving while intoxicated, it could result in someone’s death.

Under cross-examination by Sanger, Peterson testified that earlier in the evening, the bartender bought Johnigan a drink because he overruled her selection of music on the jukebox.

During further questioning by Keller, Peterson said the bartender later in the night refused to serve Johnigan more alcohol.

Under the terms of Johnigan’s release on bail, she is not allowed to drink alcohol, drive or leave the state, according to Keller. She is in a residential treatment program, he said.

December 11, 2008