An accused drunk driver appeared in court for a murder trial on Thursday.<\/p>\n
Kimsol Ban sat with his attorney as prosecutors opened their case to the jury.<\/p>\n
“…(H)e made a choice to continue to drink and drive,” Deputy District Attorney Christopher Moss said.<\/p>\n
Ban is accused of driving drunk at nearly three times the legal limit, something he has denied.<\/p>\n
He pleaded not guilty to murder after prosecutors said he caused a deadly 2022 crash that killed his girlfriend at the eastbound Highway 168 McKinley Avenue off-ramp.<\/p>\n
“When the defendant collided into that tree, his front passenger and girlfriend was ejected from the vehicle,” Moss said.<\/p>\n
A passenger in the back survived major injuries.<\/p>\n
Moss told the jury that Ban knew the risks of drunk driving following a 2011 DUI conviction. Action News has also learned Ban’s brother was involved in a 2016 DUI that killed four people.<\/p>\n
“He was advised that if he continued to drive under the influence of alcohol or drugs and, as a result of his driving, someone was killed, he can and most likely would be charged with murder,” Moss said.<\/p>\n
The defense did not offer an opening statement on Thursday and instead chose to wait until next week.<\/p>\n
Ban’s attorney, Tiffany Pack, confirmed to Action News that Ban will take the stand.<\/p>\n
Pack will argue that Ban did not cause the accident and, therefore, must be acquitted.<\/p>\n
“Based on all the statements that you were present for or collected, they all, essentially, stated the defendant was the driver?” Moss asked one of the responding California Highway Patrol officers. “Yes,” the officer said.<\/p>\n
“Did anybody ever state otherwise?” Moss asked. “No,” the officer said.<\/p>\n
The jury also saw graphic photos of the victims and the crash. In one picture, the airbag is deployed. In another, the windshield is fully blown out from the passenger’s ejection.<\/p>\n
“It is fair to say my client was in a state of somber shock?” Pack asked the officer. “Yeah, you could say that,” the officer said.<\/p>\n
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