A Santa Barbara County Superior Court judge in Santa Maria this week granted diversion for a driver charged with misdemeanor vehicular manslaughter in the case of a fatal crash involving a motorcyclist near Buellton in December 2020.
Leslie Leaney, 74, was charged months after the crash that killed a Paso Robles woman, Nichole Grantham, 31, on Highway 101 near Jonata Park Road north of Buellton. The judge’s ruling means Leaney can avoid jail time and a conviction if he meets the terms of the diversion.
California Highway Patrol officers said Leaney, driving a Volkswagen eastbound on Jonata Road, crossed the southbound lanes of Highway 101 at Jonata and stopped in the center divider to enter the northbound lanes at about noon on Dec. 19, 2020.
Leaney reportedly turned into the left lane, then merged into the right lane, directly into the path of Grantham’s northbound 2017 Harley-Davidson motorcycle, which slammed into the rear of the Volkswagen, the CHP said.
Grantham was transported to Santa Barbara Cottage Hospital but died hours later from her injuries.
In addition to the one misdemeanor charge for vehicle manslaughter without gross negligence, Leaney also received an infraction accusing him of failing to drive within a lane.
After asking a judge to dismiss the charges, Leaney’s attorney, Neil Levinson, this week succeeded in getting Judge James Voysey to agree that the defendant’s case was eligible under a relatively new misdemeanor diversion program.
Assembly Bill 3234 took effect in January 2021 allowing judges to grant diversion over the objections of prosecuting attorneys and without requiring a guilty or no contest plea. Once a defendant completes the terms of the diverson, the court can dismiss the case, essentially erasing the crime and leading some to call the law a “Get Out of Jail Free Card.”
A case can be diverted for up to 24 months, and the judge can attach terms and conditions appropriate to the specific case.
Leaney’s attorney said the crash could have happened to anyone and asked that the judge grant diversion, seeking immediate dismissal of the case.
“The fact that Mr. Leaney has no prior criminal history, the absence of any criminal intent, and the decedant’s family’s express desire for this case to not be prosecuted, establish that continued prosecution of this case would serve no societal purpose,” Leavinson wrote.
He also noted the London-born Leaney’s prior service in the Royal Air Force and concerns that a criminal record would cause him to lose a contract with the Cayman Islands.
Leaney has a long history as a pioneer in the diving community, including co-founding the Historical Diving Society USA and other organizations. He also has received awards, achievements and accolades among the diving community.
In a written response to the defense motion seeking diversion, Deputy District Attorney Andrew Jang opposed the request plus objected to immediate dismissal. Speed limits not only stop excessive speeding but also aim to prevent slow-moving vehicles on highways, Jang said.
“Furthermore, not only did the defendant travel at extremely unsafe low speeds on the highway, but also merged into the right most lane without properly changing lanes and checking for traffic,” Jang wrote. “For the victim that day, the defendant’s decision to not follow the laws was catastrophic.”
At the urging of the prosecution if the judge granted diversion, Voysey included a 24-month term that requires Leaney to obey all traffic laws and take a driver’s safety course, Deputy District Attorney Madison Whitmore said.
If Leaney completes diversion, the case would be dismissed after the 24 months, Whitmore added.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.