Suicidal man could face death penalty
LOS ANGELES - June 26, 2008 Two commuter trains collided into a tangled mass of smoking
wreckage littered with victims after Juan Alvarez left a
gasoline-drenched sport-utility vehicle on railroad tracks in
Glendale, northeast of downtown Los Angeles.
Alvarez, 29, looked on stolidly as the Superior Court jury
returned its guilty verdicts for the murders and one count of
arson. The jury also agreed there was a special circumstance of
multiple murders - making Alvarez eligible for the death penalty -
but it acquitted him of a charge called train wrecking.
Jurors were ordered to return for the start of the penalty phase
on July 7.
Alvarez had pleaded not guilty. He admitted causing the Jan. 26,
2005, disaster but claimed he had intended to kill himself, then
changed his mind and was unable to get the SUV off the tracks.
A fast-moving Metrolink train struck the vehicle, derailed and
struck another Metrolink train heading in the opposite direction
and a parked freight train. In addition to the 11 deaths, about 180
people were injured.
Prosecutors denounced his claim of being suicidal as a lie and
said he was trying to cause a calamity to get the attention of his
estranged wife. Prosecutors said he started out that day with
thoughts of killing his wife and then killed the rail passengers
because she wasn't available.
The derailment created a horrific scene of mangled rail cars.
Workers from nearby businesses scrambled to rescue the injured
before firefighters reached the scene.
As he lay injured in the wreck, John Phipps used his own blood
to scrawl what he thought would be his last words to his wife and
children: "I (heart symbol) my kids. I (heart symbol) Leslie." He
survived.
According to trial testimony, Alvarez fled the vehicle, left the
scene and went to a friend's house, where he stabbed himself with
scissors. Alvarez testified he did not remember stabbing himself
but did remember being in a hospital with puncture wounds.
The verdict relieved relatives of the dead.
Alberto Romero said he is reminded of his uncle Leonardo
Romero's death every day because Metrolink commuter trains run past
his machine shop. Teresa Nance, whose mother, Elizabeth Hill, was
killed, said that as the trial began she had nightmares of being in
the train with her.
Neither Romero nor Nance, however, thought it was necessary for
Alvarez to be executed.
"He needs to think about this every day of his life," said
Alberto Romero, 45, of Rancho Cucamonga.
Nance, 40, of Reseda, said a death sentence could end up being a
life sentence anyway because of appeals. "He's not going to get
off, he's not going to get out," she said.
The defense painted Alvarez as a mentally ill victim of
childhood abuse who became a drug addict. The prosecution called
him a pathological liar whose claim of mental illness was a
manipulative tactic.
Separately, the derailment led to a debate about the practice of
running Metrolink trains in reverse, with the heavy engine at the
rear being controlled from the other end by an operator in what is
called a cab car.
Critics contended that the train wouldn't have derailed if the
heavy engine had struck the SUV. The railroad defends the practice.