Roberto P. Vellanoweth, the Sacramento driver who killed four people in a drunken car crash two years ago and is serving 17 years and 8 months in prison, has sued the restaurant owned by a friend that he says served him the mystery drink that got him drunk.
The lawsuit filed March 18 in Yolo County Superior Court said that the Camino Real Restaurant, its owner, Antonio Garnica, and some 25 John and Jane Does "in some manner bear legal liability or responsibility" for Vellanoweth's driving on the wrong side of South Land Park drive at 72 miles per hour on March 26, 2007, and plowing into the other car during the fatal collision.
Vellanoweth's lawsuit said that the Camino Real "had an obligation and a legal duty not to take any action to Mr. Vellanoweth so as to intentionally or negligently cause him any harm. Specifically, the Camino Real had an obligation not to surreptitiously include alcohol in the punch provided to Mr. Vellanoweth without his knowledge or consent."
"As a direct and legal result of the negligence of the Camino Real," the suit continued, "Mr. Vellanoweth was hurt and injured in his health, strength, and activity sustaining injury to his nervous systems and person, all of which injuries have caused and continue to cause, Mr. Vellanoweth great mental, physical, emotional and nervous pain and suffering."
Vellanoweth, 65, was convicted last year of gross vehicular manslaughter while intoxicated, as well as two other drunken driving counts, in the deaths of Brizchelle Rice Nash, 21; her 19-month-old son, Kamall Osby; her sister, Brittanya Rice-Nash, 17; and their friend, Shanice Patrice Carter, 18. A fifth victim, Tanisha Jackson, survived the crash but suffered severe injuries.
Testifying in his own defense at last year's trial, Vellanoweth said he drank three lunchtime martinis at a midtown bar before heading over to the Camino Real. There, somebody gave him what he said was described to him as a "kamikaze virgin." A blood-alcohol reading taken several hours after the crash showed him with a level of .16 percent, twice California's legal limit.
It took a Sacramento Superior Court jury two hours and 33 minutes to convict Vellanoweth. He is now doing his time at Mule Creek State Prison.
Jesse Ortiz, the Sacramento lawyer who filed the suit on Vellanoweth's behalf, said that his client is sticking to his story on the mystery drink. In his closing argument, Assistant District Attorney Albert Locher characterized Vellanoweth's version of how he became inebriated as an absurd lie.
"We disagree with the district attorney on this," Ortiz said in an interview today. "We are convinced that once we do our investigation on this, what actually happened will be known."
Garnica, the owner of the Camino Real, could not be reached for comment earlier today.
Ortiz said he filed the lawsuit in Yolo County because that's where Vellanoweth lived.
Greg Bianco, the San Francisco lawyer who is representing the Rice-Nash family in a civil suit against Vellanoweth, called the civil suit filed by the convicted drunken driver a "crock."
"It's outrageous, the arrogance of him," Bianco said.
Bianco, however, has filed a similar suit against the restaurant in Sacramento Superior Court. He said he filed the suit to protect his clients' interests in the future in case a civil jury believes Vellanoweth's story.
"Vellanoweth is the one who is responsible for this collision," Bianco said. "He's not accepting responsibility, and I don't think he ever will. This is another attempt to deflect the perception that he was responsible. It's just upsetting to everybody."
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