Driver pleads not guilty in death of woman jogger

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Driver pleads not guilty in death of woman jogger
By Nancy Needham nancy@theacorn.com

Nicholas LaGrotta, 23, pleaded not guilty to charges of grossvehicular manslaughter while intoxicated, DUI causing injury, anddriving with 0.08 percent blood alcohol level and causing injury inconnection with the death of a woman jogger last month in ThousandOaks.
During his Ventura County Superior Court arraignment, LaGrotta alsodenied two enhancement charges that would add three years to hisprison sentence if he's convicted.
LaGrotta, from Santa Rosa, is accused of hitting 46-year-old KareyMarsh from Thousand Oaks with his black Subaru Forester at around6:30 a.m. Aug. 26 as he was driving south on Lindero Canyon Roadnear Bowfield Street. Marsh was jogging in the bike lane.
Deputy District Attorney Rachelle Dean explained why LaGrotta wascharged with both DUI causing injury and driving with a 0.08percent blood alcohol level causing injury, two charges that soundsimilar.
The DUI charge means the accused may be suspected of having amixture of alcohol and drugs in his body, pending further tests.The 0.08 charge means a test was run and that the suspect may havehad a blood alcohol level that exceeded the legal limit, which is0.08 percent. The crimes are felonies if the person had priorconvictions with the same charges or if a death occurred.
"This was a death. There were no prior (DUI) charges," Dean said.
According to court records, LaGrotta received three speedingtickets in Ventura County.
The district attorney also said it is common practice to chargesuspects with breaking both of the similar-sounding laws.
Marsh, an employee at Merrill Lynch for 15 years, was said to haveexercised regularly and taken care of her health. Her shoes on thepavement led officers at the scene to suspect a pedestrian wasinvolved in the accident. LaGrotta's car hit a tree, road signs anda utility box.
Thermal imaging equipment was used to find Marsh, and firefightershad to cut through vegetation to get to her. She appeared to havebeen thrown about 30 feet.
The front of LaGrotta's car was badly damaged, officials said.
Marsh, who was not married and had no children, was pronounced deadat the scene.
"She died within seconds," deputy medical examiner Shasta Gainersaid.
LaGrotta's next court appearance is scheduled for Oct. 14. He is incustody at the main jail in Ventura with bail set at $100,000.