Jurors deliberate murder charges in head-on crash that killed girl, 7, and grandmother

Attorneys from both sides agreed Friday that defendant Jacob Anthony Caliboso was driving under the influence in a 2020 head-on crash near Oxnard that cost the lives of a Camarillo grandmother and her 7-year-old granddaughter.

But during their closing arguments before a jury in Ventura County Superior Court, the attorneys disagreed on whether the incident constituted two counts of second-degree murder.

On the night of the crash, 55-year-old Elva Andrade had been riding a Yamaha scooter eastbound on Pleasant Valley Road with her granddaughter, Oxnard resident Nevaeh Gomez, on the back. Both wore helmets, authorities said. Caliboso, now 25, was driving an Acura sedan westbound when he reportedly crossed the center line, hitting the scooter head-on near Laguna Road. The accident was reported around 9:15 p.m. on June 20, 2020.

Andrade died at the scene. Nevaeh died from her injuries the next day at Children’s Hospital Los Angeles. Caliboso, then 21, was reportedly not injured.

Deputy District Attorney Stephanie Leija argued Friday that Caliboso showed implied malice, which makes him guilty beyond a reasonable doubt of second-degree murder,

Ron Bamieh, the Ventura attorney representing Caliboso, told jurors his client didn't show the implied malice that would qualify for a second-degree murder charge.

In the small Ventura courtroom packed with supporters of both families, the prosecution showed jurors a Snapchat video in which Caliboso is seen swallowing a handful of what Lejia said were Xanax pills — the brand name for the sedative alprazolam. In the video, Caliboso is heard saying he swallowed enough pills to sedate 27 elephants.

Lejia, during her 45-minute closing statement, told the jury Caliboso was driving under the influence of Xanax at the time of the crash.

Implied malice doesn't require intent to kill, she told the panel, adding: "Voluntary intoxication is not a defense."

In the courtroom Friday, Andrea Jimenez, Neveah's mother and Andrade's daughter, sat in the front row with family and friends.

Caliboso's family sat across the aisle, behind the defendant and Bamieh. Caliboso, who sat quietly throughout the day, wore a white sweater, blue slacks and brown dress shoes, with his hair tied behind his head in a bun. He showed little expression on his face as Bamieh delivered his closing argument.

More: Murder trial in 2020 crash that killed grandmother, granddaughter near Oxnard to begin

Bamieh did not dispute that Caliboso crossed the center line of Pleasant Valley Road and drove into Andrade in a head-on collision. He also didn't dispute that Caliboso was driving under the influence.

"But it was not murder," Bamieh said to jurors, his voice suddenly louder during his 90-minute closing argument.

Malice must include forethought, Bamieh said, arguing his client hadn't shown implied malice.

Caliboso had driven often under the influence, Bamieh told the panel. Based on that experience, Caliboso did not believe he was likely to kill someone if he drove that night.

"He had a high tolerance," Bamieh said.

While conceding the collision was a tragedy, Bamieh said the law requires Caliboso's belief that there was a high probability he would cause someone's death. Without that belief, Bamieh said, there is no implied malice.

The prosecutor presented a different view.

'The defendant absolutely knew that this was an inevitable consequence," Leija said about the fatal collision.

Leija said Caliboso's Snapchat videos showed he knew drugs could make him black out. She said Caliboso admitted Xanax slowed down his movements. And she noted Caliboso took an EMT class in which he was taught about the dangers of driving impaired.

Bamieh urged the jury to set aside justifiable anger with his client regarding the collision and apply the facts and the law. The defense attorney also noted Caliboso was never arrested for a DUI prior to the crash.

During a recess before rebuttals, Jimenez, Nevaeh's mother, shared her thoughts about the case outside the courtroom. Caliboso knew the dangers of driving under the influence, the Camarillo resident said.

"It's pretty straightforward there is implied malice," she said.

The case is being heard by Judge Paul Feldman. Caliboso remains in custody at the Todd Road Jail facility outside Santa Paula with bail set at $500,000.

Jurors began deliberations Friday afternoon after the attorneys finished closing arguments. The jury is scheduled to resume deliberations Monday morning.

Dave Mason covers East County for the Ventura County Star. He can be reached at dave.mason@vcstar.com or 805-437-0232.

This article originally appeared on Ventura County Star: Jurors weigh murder charges in crash that killed girl, 7, and grandma