Corona, CA: Man pleads no contest in girlfriend's overdose death

An Ontario man has pleaded no contest to voluntary manslaughter in connection with his girlfriend's death in 2007 from a drug overdose.

Andrew Girvan, 34, entered the plea Friday in West Valley Superior Court as part of a plea agreement with prosecutors that carries a 6-year prison sentence. Girvan is scheduled to be sentenced Dec. 9.

Prosecutors accused Girvan of supplying drugs to his girlfriend, 23-year-old Miranda Daly of Corona, and thwarting others' efforts to help her when it was clear she had overdosed and her condition was deteriorating.

During Daly's overdose on cocaine and Ecstasy, Girvan walked around his home with a gun and threatened to kill other guests who suggested they call 9-1-1.

Daly died on Aug. 13, 2007 at Girvan's home in the 2500 block of South Imperial Avenue.

Prosecutors charged Girvan with murder, and fought to keep the charge in place after an early setback.

A West Valley Superior Court judge dismissed the murder charge in 2008, citing insufficient evidence, and the San Bernardino County District Attorney's Office successfully appealed the ruling and had the murder charge reinstated.

At the time, prosecutors insisted Daly's death was a murder, but on Monday a prosecutor said that after looking closely at the evidence, he felt voluntary manslaughter was the correct charge.

"I felt that's what the evidence showed," said Deputy District Attorney Michael Dowd.

Dowd said he didn't believe he could prove that Girvan intended to kill Daly, which he said is necessary for a murder conviction.

"I think he's responsible for her death, but that's different than intending to kill somebody," Dowd said.

Daly's family and other supporters were unhappy with Girvan's plea agreement, and one of her supporters voiced their disapproval during Friday's court hearing, Dowd said.

Because Girvan has already been in custody for several years awaiting trial, he will only spend a little more than a year in custody before he is released, Dowd said.

1 comment:

Debbe DalyCase said...

After his plea deal, he was given additional 3 months for sentencing. by the time he was 'processed' to a very nice prison in San Juan Luis Obispo, he was released on Oct.24, 2012. that's a far cry from a little more than a year in prison. all tactical moves on all parts, including the Judge Fuller, who by all accounts did not have to agreed to this, when she received the pre sentencing officers suggestion of min. 11 years, do to the fact he was getting worse in criminal activity, more sophisticated and professional, and a danger to society. Judge Fuller did not say there was 'insufficient' evidence for Murder 2. She stated that providing drugs (however it may have actually been don) does not constitute murder, no more than handing a gun to someone, who then I supposed would shoot themselves in front of girvan, and as he watched him bleed until he died 9 hours or so later, keeping his body for additional 14 hours before being caught, so just doesn't make sense, in her dismissal. In which the Appeals Court Justices said she erred. She didn't like that. I asked for a new Judge, and was told by the prosecutor 'she' wouldn't allow that. There is so much more to this. It will come out. the Truth always surfaces, if you stand strong and don't give up.