Anthony Scott McDowell has pleaded not guilty to a misdemeanor
vehicular manslaughter charge stemming from an Aug. 1 crash that
killed Gilroy teenager Erin Kinkel, who was riding in the bed of
his truck.
Anthony Scott McDowell has pleaded not guilty to a misdemeanor vehicular manslaughter charge stemming from an Aug. 1 crash that killed Gilroy teenager Erin Kinkel, who was riding in the bed of his truck.
McDowell, conservatively dressed in a black suit and tie with his hair closely cropped, stood at his attorney’s side but did not address those in the San Martin courtroom last week in his first appearance since his Aug. 25 arrest.
It was also the first appearance in the case by Ingo Brauer, McDowell’s attorney, and Assistant District Attorney Amir Alem, who took over the case.
Members of Erin Kinkel’s family – including her father and mother, Scott and Miki – watched the five-minute plea appearance by the young man who had been Kinkel’s friend. They sat on the left-hand side of the courtroom, four rows in front of where McDowell, of Morgan Hill, sat and waited for Judge Susan Bernardini to call his case. At times, they appeared to fight back tears.
Outside the courtroom after Brauer submitted his client’s not guilty plea, he offered a brief statement but did not discuss his plans for the case.
“We feel very sorry for the loss of Erin Kinkel,” Brauer said.
The next step in McDowell’s case is a pre-trial conference between Brauer, Alem, and Judge Bernardini, on Thursday, Dec. 9.
Alem said there could be one or two more pre-trial dates, if needed. If the case goes to trial, the earliest it could start would be sometime in January, he said.
The Santa Clara County District Attorney’s office does not plea bargain vehicular manslaughter cases, Alem said.
“These are difficult cases on all sides, I think,” he said.
Kinkel’s parents chose not to comment following the brief court hearing.
“I don’t think I can,” said Miki, with Scott adding that the proceedings were “not about” them.
“They lost their daughter, granddaughter, friend, sister, so they’re going to be involved in this case as far as, they’ll have questions, want to talk about it,” Alem said. “It’s obvious what they feel: They feel a tremendous sense of loss, and that’s a given. What they want from this, as far as their sense of justice, I don’t know yet.”
If convicted of vehicular manslaughter without gross negligence, McDowell could face one year in county jail, as well as various fines, probation terms and other conditions the court could impose.
McDowell is free on $5,000 bail.
McDowell was not under the influence of drugs or alcohol at the time, the CHP said.
