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A California man accused of causing a crash that killed four Pepperdine University students on Pacific Coast Highway in Malibu will appeal after a judge rejected his defense team's motion to dismiss murder counts in the case.
Fraser Bohm, 24, faces four counts of murder in connection with the crash that left Niamh Rolston, 20, Peyton Stewart, 21, Asha Weir, 21, and Deslyn Williams, 21, dead on Oct. 17, 2023.
Bohm, a day after his 22nd birthday, allegedly sped around a turn in his BMW, slammed into a parked red Mazda and kicked up a cloud of smoke and debris. According to court documents, he careened into another parked car, hit a planter, multiple garbage cans and then either struck a third parked vehicle or a stone wall - but he had no drugs or alcohol in his system and, according to court documents, had not sent any text messages in the moments before the crash.
"The one thing that is not in dispute is that this was a terrible tragedy," Bohm's prominent new defense lawyer, Alan Jackson, told Fox News Digital Tuesday. "Four lives were lost."
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The victims were all in their senior year and members of the Alpha Phi sorority. They were on foot at the time of the crash and declared dead at the scene after responding officers found them between Bohm's BMW and a parked silver vehicle.
Bohm was arrested on manslaughter charges, which were later dropped as investigators dug deeper into the case. They came back with murder charges a week after the crash.
"Fraser and his family grieve for the victims and their loved ones. At the same time, the California Supreme Court has been clear that speed alone does not equate to murder," Jackson said.
"There were no alcohol, drugs, texting or street racing involved in this incident. A case like this is why vehicular manslaughter laws were created. It was over-filed as murder, and we will be asking an appellate court to reverse Judge Rubinson's decision and dismiss the murder charges."
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Prosecutors allege he was driving at 104 mph in a 45 mph zone known locally as "Dead Man's Curve." But there's also evidence that a moving white car struck Bohm's vehicle on the other side before he lost control, the defense argued in court documents.
In court, Jackson argued that the prosecution's case is not enough to justify the "implied malice" murder charges under California law, which requires prosecutors to prove that the suspect intentionally committed an act that is likely to cause death and consciously disregarded the danger.
Prosecutors, at Bohm's preliminary hearing, alleged that he knowingly sped on a stretch of road known to be dangerous, which justified the murder charge.
Bohm, who is from the area, allegedly told police he knew the stretch of road "like the back of his hand" and was aware "speed kills" after two of his friends died in an earlier crash. According to prosecutors, he should have known speeding in the area could put lives in danger.
Victor Calandra, the driver of a blue GMC pickup, reported seeing Bohm's BMW swerving erratically before the crash. The defense, however, claims that Bohm was trying to get away from Calandra, who has an alleged history of other road rage incidents, and that his testimony was contradicted by another witness.
Calandra was later seen yelling at Bohm in the wake of the crash as they awaited responding officers, according to court documents.
Los Angeles County Superior Court Judge Thomas Rubinson rejected the arguments at a hearing Monday, according to FOX 11 Los Angeles.
Last month, the City of Malibu released four white doves in honor of the victims at a memorial ceremony.
Pepperdine University is a private Christian school with a campus overlooking the Pacific Ocean.
