Teen involved in crash that killed Poway man to stand trial

By Kelly Wheeler

SAN DIEGO (CNS) – An 18-year-old who allegedly was on drugs when he got into a head-on freeway crash that killed a Poway man in Rancho Penasquitos must stand trial on charges of gross vehicular manslaughter while intoxicated and DUI causing injury, a judge ruled on Wednesday.

Nick Hart

Timothy Theodore Barnette — held on $100,000 bail — faces up to 10 years in prison if convicted of charges stemming from the May 16 crash that killed 22-year-old Nick Hart, who was on his way to a funeral when he was killed.

Ann Almryde testified that she and her husband were traveling west on Ted Williams Parkway near Pomerado Road around 9:30 a.m. when she noticed a Land Rover parked with two wheels up on the sidewalk.

“I just figured he (the driver) was making a phone call,” the witness said.

Moments later, the same Land Rover sped past the couple, changing lanes and driving erratically, prompting Almryde to call 911.

“I felt he was going to cause an accident,” the witness testified.

Another witness, Rex Dolendo, said he was stopped at a red light on the same road — which becomes state Route 56 near the Interstate 15 interchange — when the Land Rover’s driver cut him off and narrowly missed hitting his car.

Dolendo — who also called 911 — described the actions of the Land Rover’s driver as an “accident waiting to happen.”

Dolendo said he exited the freeway at Black Mountain Road, as did the other driver, but the Land Rover got back on the freeway.

Laura Atwell testified that she was cut off and forced off the road by the Land Rover as she got on westbound state Route 56 at Camino Del Sur.

David Brenner said he tried to pass the Land Rover and got a good look at the driver, who he identified as Barnette. The witness said Barnette smiled at him, swerved to the left, crossed a center median and crashed on the other side of the freeway.

Brenner said he saw smoke, dirt and an explosion, but didn’t see Barnette hit another car.

“It was quite obvious he was a reckless driver,” Brenner said.

Tracy Fitzpatrick testified that she was a passenger in a car traveling westbound on the freeway near Rancho Penasquitos Boulevard when she noticed an SUV coming toward them.

The oncoming car did a “beeline” for the car ahead of hers and hit the victim’s Scion, knocking both cars off the road, Fitzpatrick testified.

Hart, a 2009 graduate of Poway High School, was trapped in his car and was pronounced dead at the scene of blunt force trauma injuries.

California Highway Patrol Officer Brad Clinkscales testified that after the crash, at a hospital, Barnette told him that he had left Abraxas High School in Poway to get something to eat. He said Barnette said that he had taken two Xanax pills and smoked marijuana two days before the accident, and had inhaled computer keyboard cleaner two months earlier.

Officers found two cans of the cleaner in the defendant’s car and one was empty, Clinkscales testified.

Authorities found marijuana, Xanax and inhalants in Barnette’s blood, according to a court stipulation.

“What a tragedy,” Judge John Einhorn said as he ordered Barnette to stand trial Nov. 14.

Short URL: http://www.pomeradonews.com/?p=38161

Posted by Staff on Jul 17 2013. Filed under Local News, Poway. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

3 Comments for “Teen involved in crash that killed Poway man to stand trial”

  1. guest

    This guy attended Abraxas High School so he probably had quite a history of bad choices. According to the article, two cans of of computer keyboard cleaner (with one can empty) were found in his vehicle. This young man made a series of bad choices and directly ruined another family. He will go to court and probably try to garner sympathy and play the "victim' card as a child. We see this all to often. He is the same age as Trayvon, another man (from Florida) who had quite a history in school. Trayvon made horrible decisions one night just over one year ago and now the liberal media has distorted what really happened, too. People just need to take responsibility for their own actions. Period.

  2. Amy Roost

    Hey guest, I was expelled from school once. Does that mean I should be accosted while I take dog for a walk on the beach this afternoon?

    People should suffer the natural consequences of their actions and take responsibility for their experience, but in life as in the law there is a statute of limitations for mistakes of the past and there is such a thing as redemption not only in the next life but in this life.

    Your statement "This guy attended Abraxas High School so he probably had quite a history of bad choices." is akin to my saying you don't use your real name when posting comments to your are probably a coward. Come to think of it, maybe you have a point.

    • Chris

      Hey Amy Roost, u fortunately we live in a society that judges by the cover. You being affected by the unknown commenter gies to show that you yourself are probably someone who hasn’t learned a lesson. The reason I say that is because the word “Redemption” is more about being forgiven for your sins, maybe your were thinking of reform, the act of changing ones habits. This kid who had close encounters with multiple people had no intention of reform, nor did he obviously care about redemption. I know Nike Harts father, he’s a great guy, and has been a true friend for a long time. Nike did not deserve this, if anyone deserved to die, its the person driving the 2002 Rangerover! Choose your words carefully next time. You make no valid point whatsover.

      Sincerely, (No Coward)

Leave a Reply