An Orcutt man charged with vehicular manslaughter due to a fatal crash involving a heavy duty forklift he was driving two years ago may change his plea and avoid trial.  

During a brief Santa Barbara County Superior Court proceeding Thursday morning, Deputy District Attorney Ryan Clausen said interim discussions have taken place regarding a potential plea deal for David Baskett, 83. 

“There is momentum in that area,” Clausen told Judge Karen O’Neil on Thursday morning.

He did not reveal any details of the talks.

Baskett has pleaded not guilty to the single misdemeanor vehicular manslaughter charge stemming from the collision that killed Tiffany Ann Peterson, 39, of Orcutt on the afternoon of May 2, 2024.

Peterson was a passenger in a small truck driven by her father on Skyway Drive when it struck the tines of the rented telehandler, or telescoping forklift, driven by Baskett, who was stopped on Hangar Street near the Santa Maria Public Airport.

As attorneys worked to pick a jury but before opening statements occurred, Santa Maria police officers returned to the crash scene to gather new measurements, photos, video and other details. 

Senior Deputy Public Defender Adrienne Harbottle filed a motion last week seeking a mistrial due to the new evidence provided on the eve of trial. The judge declared a mistrial on Monday.

Harbottle wrote in her motion the late evidence violated her client’s constitutional rights including due process and effective assistance of counsel.

The tardy information left her with a materially impaired defense strategy, Harbottle said. 

“The timing suggests a trial by ambush leaving the defense without meaningful opportunity to respond,” Harbottle wrote. 

Clausen said pre-trial testimony by a defense expert spurred the additional investigation, and blamed Baskett for intentionally providing false information to police.

Video from a Chumash Casino bus and interviews with the driver revealed the forklift was protruding into the road, Clausen added.

“The original calculations were incorrect and misleading and the misleading information on the location of the forklift at the time of impact actually came directly from the defendant,” Clausen wrote in his opposition to the defense motion. 

On Monday, the defense attorney said the new information meant she would need 45-60 days to prep for a new trial.

O’Neil declared a mistrial Monday and on Thursday, the case returned the court so the judge could dismiss the jurors and two alternates from their duty . 

O’Neil told the group their service was complete, adding there are developments in the case. 

“It’s not moving forward at this time,” O’Neil said in thanking them for their service and reminding jury duty is vital for democracy.

“I want to thank you from my heart,” she added.

Instead of setting a date for a trial as originally planned, the attorneys and judge agreed to  return March 24 for a readiness and settlement conference.

That will allow the attorneys time to discuss a possible plea deal, the judge added. 

A change of plea would avoid a trial for the case where the maximum possible penalties include up to one year in jail, probation, and/or a fine.

At the time of the fatal crash, Baskett served on the Santa Maria Public Airport District board. He remains a member of the Santa Maria Joint Union High School District Board of Education.