Porn Actor Brian Surewood To Face Murder Charges

[AsianDivaGirlsWebDude]

From AVN...

Surewood Will Face Murder Charges
Judge rules in preliminary hearing
By: Mark Kernes
Posted: 05/14/2008

VAN NUYS, Calif. - The preliminary hearing of actor Brian Surewood and co-defendant Armando Ayon concluded today with Judge Leslie A. Dunn ruling that the men will be tried on almost all of the charges brought against them as a result of a pedestrian's death last October.

As explained more fully in our previous story, Surewood and Ayon were involved in some sort of traffic interplay on Sherman Way in the West San Fernando Valley - exactly what sort of interplay remains in dispute - when Ayon hit several parked vehicles, causing the death of a 5-year-old boy, the loss of his mother's left leg and severe head injuries to the woman's 10-month-old daughter.

Today's first witness was Detective David Millan, who testified about his investigation of the incident, including the recorded statement he took from Surewood and Ayon as to the events leading up to the injuries. Surewood told Millan that he'd heard that he was being sought in relation to the accident only after seeing it on TV, although he had stopped a couple of blocks west of the collision site and phoned 911 to get assistance for the victims.

In the statement, Surewood denied that he had been a participant in the accident, although he did admit that a black Nissan Maxima had been riding his bumper intermittently for at least the block between Balboa Ave. and Amestoy St. on westbound Sherman Way until the exasperated Surewood had "tapped" the brakes of his red Chevy Camaro to get the Maxima, driven by Ayon, to back off. It is alleged that that application of the brake caused Ayon to swerve into the line of parked cars to his right, injuring the woman and her children.

All of the attorneys involved in the case - prosecutor James Falco, Ayon's attorney Howard R. Levine and Surewood's counsel Peter Korn - attempted to get details of the incident from Det. Millan, but the detective apparently had little memory of his investigation, opting to rely on his written report and the transcripts of Ayon's and Surewood's statements. There was also a report available from LAPD accident reconstructionist Jennifer Snell, but it was not introduced into evidence because Snell was on maternity leave and could not be in court to authenticate the document.

Of great import at the hearing was the location and interpretation of tire marks found at the scene, and after the prosecution rested its case, Korn called his own accident reconstruction expert, Robert Ockey, to the stand. However, Judge Dunn limited Ockey's testimony to whether he could tell, from examining the tire marks, if Surewood had applied his brakes just before Ayon collided with the parked cars.

Ockey, a 20-year veteran of LAPD and an accredited accident reconstructionist, testified that he could find no indication from the tire marks that Surewood had stopped in the curb lane of westbound Sherman Way at any time before Ayon swerved into the parked cars, and provided a diagram which showed all of the tire marks at the scene, some of which he interpreted for the court.

Ockey said that if Surewood had even slowed down at the site of the accident, his car would have been hit by Ayon's after it had bounced off the parked cars and as it crossed the three lanes of Sherman Way, headed for the center divider, where it came to rest until police arrived on the scene.

After the completion of testimony, both Levine and Korn argued that their clients should not be charged with murder for having killed the child because, under California case law, to find someone guilty of murder in such a situation would require a finding of "implied malice" - that the defendants had realized that their conduct could lead to severe injury or death, but that they proceeded with their actions anyway. "Implied malice" requires a greater burden of proof than either of the lesser standards of "reckless indifference" or "gross negligence," neither of which would sustain a murder conviction.

Beyond that, both defense attorneys argued essentially that it was "the other guy's fault," based on the police report, the witnesses' statements and the reconstructionist's testimony. Korn also argued that Surewood should not be charged with "personal infliction of great bodily injury" since neither he nor his car had ever come in contact with any of the victims - and indeed, Judge Dunn dismissed that charge.
However, although the judge agreed that neither defendant intended to injure anyone, a combination of factors, including the fact that both defendants stated to police that they had wanted to get away from the other defendant's car, rose to a finding of implied malice.

"This is more than just reckless driving," Judge Dunn intoned, noting that by most estimates, there were more than 50 cars on the road in the vicinity of the accident just before it took place.

"Motor vehicles are not toys," she charged. "You don't play games on the road... He [Surewood] was intentionally creating a dangerous situation" by tapping his brakes with Ayon's vehicle so close behind Surewood's.

"Clearly, they were engaged in acts that were dangerous to human life," she said.
Therefore, Judge Dunn ruled, both defendants would have to face trial on charges of murder, vehicular manslaughter and reckless driving.

A date for that trial has not yet been set.

A precautionary tale - think twice before drag racing or engaging in road rage on city streets!

ADG

[riddler]

good, hopefully he gets the book thrown at him.. fucking stupid people that get road rage putting others in danger

[JustDaveXxx]

Wow!! Surewood is a great guy and class act. This situation sux ass to the fullest! I really feel for the Family harmed. so sad.. everybody looses on this one..

[AsianDivaGirlsWebDude]

Originally Posted by JustDaveXxx

Wow!! Surewood is a great guy and class act. This situation sux ass to the fullest! I really feel for the Family harmed. so sad.. everybody looses on this one..

I don't know Brian Surewood personally, but I have heard mostly good things about him (from his friend, David Aaron Clark, and others whom I respect), so indeed it is a tragedy all the way around...

ADG

[fluffygrrl]

I don't see how tapping the brakes constitutes any sort of endangerment, neglicence, let alone malice.

As the driver of the car, it is your responsibility to drive the vehicle at that speed which you judge sufficiently low to avoid any accident. Slowing down is really at your disposition, at any time. If you see a bump in the road, or you think you see one, or you see a squirrel, or you think you see one, or you think you may be seeing the sun reflect off something that may be a surface that could possibly indicate the wind's blowing the wrong fucking way, you can slow down.

It's also your responsibility to keep sufficient distance from the car in front of you.

And if you don't do the later and the car in front does the former, poopee on you.

[NinjaSteve]

Who is he, anybody have a link?

[Sam Granger]

I always tap by breaks a tiny bit if someone is riding in my bumper, its bloody dangerous not to... The person driving behind him was clearing driving like an idiot, tapping your breaks isnt illegal right? He should fo kept his distance, Surewood could of never known that the accident would occur right?

[raven1083]

That was a lonely side of him but her must accept the truth

[NY Jester]

Wow, hope it all gets sorted out. Sad about the little boy and his family.

[ChefJeff]

They were racing/dicking around and road raging each other. Take ego and stupidity out of the equation and there's no accident.

[notoldschool]

U play, U pay.

[lazycash]

Originally Posted by ChefJeff

They were racing/dicking around and road raging each other. Take ego and stupidity out of the equation and there's no accident.

Agreed, I'm sure the tapping of the breaks was only the ends of whatever sequence had occurred prior.

[dav3]

It's like people forget the 1 car-length/10mph rule. Hopefully, they get the right person at fault.

[whatthef]

http://avn.com/video/articles/29798.html

[CherryLipsRosa]

True everyone loses in this case, poor family

[JP-pornshooter]

it sucks for Brian, but it sucks more for the child killed and the family who now are without their child.
it is gross lack of respect for other people which is not and should not be accepted by society.

[DirtyDanza]

I hope they hang him... he's a killer... he may not have pulled the trigger but he set the shot up if that makes sense to anyone on here... he should thank god every day while he rotts in jail that it was not My wife and My kids that got hurt... he'd be dead already... it does not take much to drop 50k on the family member of his celly to make sure things get done right....

Nothing personal twords surewood from the few times I met him we got along great and was a cool guy to be around.. but then again.. so was OJ.. and so was Scott Peterson, and the BTK killer... but in the end... they are trash that needs taken out....

there are many many tracks you can go pay 10 bucks and brake check the fucker behind you all day long....

[markz08]

at least justice were given to those who are victims...

[Martin]

Both will end up getting a long jail term. They killed a kid, hurt a little girl and took their mother's leg. They're fucked and rightfully so.

[Lance69]

I'm gonna go with Dirty Danza on this one. I'm sure he never intended to hurt those people, but I can fire off shots into neighbourhood. and not intend to hurt anyone... the result is the same. I'd go to jail for life to kill the man who took the life of my son without hesitation.

[AlienQ - BANNED FOR LIFE]

KORN????

[bronco67]

Originally Posted by fluffygrrl

I don't see how tapping the brakes constitutes any sort of endangerment, neglicence, let alone malice.

As the driver of the car, it is your responsibility to drive the vehicle at that speed which you judge sufficiently low to avoid any accident. Slowing down is really at your disposition, at any time. If you see a bump in the road, or you think you see one, or you see a squirrel, or you think you see one, or you think you may be seeing the sun reflect off something that may be a surface that could possibly indicate the wind's blowing the wrong fucking way, you can slow down.

It's also your responsibility to keep sufficient distance from the car in front of you.

And if you don't do the later and the car in front does the former, poopee on you.

I read that he was a great guy. It really sucks that he's being charged, as its the other guy's fault.

Anything like this is ALWAYS the fault of the guy tailgating. You're right, you can always justify tapping your brakes -- but you can't justify running into the guy ahead of you because of tailgating.

I had a problem with a tailgater once when I was doing the speed limit in a 25mph zone. The asshole behind me would have driven over me if he had an Abrams tank.

I tapped the brakes and almost gave him a fucking heart attack. He followed me into a gas station parking lot and proceeded to bitch me out, and threaten to take my license plate number and call the cops right there on the spot. I told him to go ahead and do it, and I'd tell the officer that I was doing the speed limit, and hit the brakes when I dropped my cell phone, and you can tell him you almost ran into me because you were literally 1 foot from my rear end, trying to break the speed limit.

He shut the fuck up and drove off pissed -- and the best part was, he ran over one of those concrete parking blocks, just about ripping the front spoiler off his BMW.

[_Richard_]

Originally Posted by fluffygrrl

I don't see how tapping the brakes constitutes any sort of endangerment, neglicence, let alone malice.

As the driver of the car, it is your responsibility to drive the vehicle at that speed which you judge sufficiently low to avoid any accident. Slowing down is really at your disposition, at any time. If you see a bump in the road, or you think you see one, or you see a squirrel, or you think you see one, or you think you may be seeing the sun reflect off something that may be a surface that could possibly indicate the wind's blowing the wrong fucking way, you can slow down.

It's also your responsibility to keep sufficient distance from the car in front of you.

And if you don't do the later and the car in front does the former, poopee on you.

I agree with you. I wonder what arguments were made in regards to that.. sounds like Surewood was a little too honest for his own good.

[brandonstills]

Originally Posted by AsianDivaGirlsWebDude

I don't know Brian Surewood personally, but I have heard mostly good things about him (from his friend, David Aaron Clark, and others whom I respect), so indeed it is a tragedy all the way around...

ADG

I've been on set with Brian before on a few occasions. He always seemed to me like someone very mellow and cool, never wanting to do harm to anyone. Definitely a case of being in the wrong place at the wrong time.

[davecummings]

Originally Posted by brandonstills

I've been on set with Brian before on a few occasions. He always seemed to me like someone very mellow and cool, never wanting to do harm to anyone. Definitely a case of being in the wrong place at the wrong time.

During "Sex Survivor 2000", he was one of the other talent guys in the 7-days of 2-3 sex scenes a day, plus cameras all over the mansion watching us 17 guys and 17 girls; I've know Brian for many years, and yes, he is indeed a gentleman --- I've never heard anyone say anything but positive and complimentary comments about him. What a shame--for him and the victims!

Dave

[Zuzana Designs]

poor family

[Honeyslut]

He is being punished cause he is a porn star. It's your fucking right to tap your brakes when someone is behind you.. I do it all the time and I don't consider it to be road rage.

Something fishy with that court case

[Honeyslut]

Another dumb woman judge.. Reminds me of the one that told a teen to go kill someself recently

[EroticistFilms]

Originally Posted by Honeyslut

He is being punished cause he is a porn star. It's your fucking right to tap your brakes when someone is behind you.. I do it all the time and I don't consider it to be road rage.

Something fishy with that court case

BINGO!

I worked with him and found him to be a GREAT person. It's hard to really say what happened, but that's the wonderful thing about America, is at least he has a shot with a jury trial.

Gram Ponante went to pre-trial and wrote THIS

[Honeyslut]

Originally Posted by EroticistFilms

BINGO!

I worked with him and found him to be a GREAT person. It's hard to really say what happened, but that's the wonderful thing about America, is at least he has a shot with a jury trial.

Gram Ponante went to pre-trial and wrote THIS

Thanks for sharing the link !


This country is going to pot..I feel for Surewood and the family of the lost child.

[Jay-Rock]

In Texas you are suppose to keep a safe distance when behind other cars. You can slam on your brakes if someones on your ass and if they hit you its automatically their fault. You have to keep a safe distance its the law. Sound like the accident victim endangered her own kids lives by following too closely. This should get thrown out of court it just doesn't make sense.

[Jay-Rock]

wait im wrong the guy that wrecked into her was following to closely that would make it his fault.