Miranda Daly

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Danielle McCarthy
Washington

Christi Nowak
Georgia

Anke Furber
Georgia

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Washington

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New York

Mark R Ellis
Rhode Island

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Florida

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California

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Billy Joe Towle Jr.
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Vivianna Satterfield
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Kelli Laine Lewis
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Taylor Smith
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Danielle cherished family, friends and life. She had her whole life planned out; her husband, number of kids, two dogs and would be a dermatologist, a career where she could help others but have time for her family.
Christi had just enrolled in college. She just began taking First Baptist Church shuttles downtown every Thursday to befriend the homeless. Just chit chatting with them and letting them know they had a friend. In her journals, she was determined to turn her life around and she started by helping others. She volunteered often for the M.U.S.T. Ministries to help set up their clothing shop for the homeless and the children's center. She helped cooked their meals. She helped do their laundry. She wanted to go into a field helping others. She would have changed at least one person's life, for the better, when they thought there was no more hope. She didn't show up last Thursday. She died.
In the months before she was killed, 21-year-old Anke Furber had been acting scared and she seemed to know she was in danger. Several days after Furber's charred remains were discovered in a small vineyard in Norcross, Anke's mom, Ria, found a note in Anke's desk at home in Marietta. In it, Anke seemed to foreshadow her own death. She wrote, "My parents would surely grieve the loss of their wonderful daughter whose craziness would soon lead to her slaughter". Ria isnt sure exactly when the note was written, but believes it was written in a close time frame to the actual murder.
At 22 years old, Levi had goals and ambitions of being a business owner, a husband and a father. He loved his family and friends with everything in him and would do anything for you. His shyness and manners we're a shining attribute to who he was. Unfortunately, Levi befriended someone who for nearly three years took advantage of his kindness and when asked to leave his home, he killed him. If he would have just walked out the door as asked, Levi would still be here today. We'll never know all the wonderful things that Levi would have accomplished, but we know he was a "Friend" till the end.
Ephraim was 21 yrs old when he prematurely transitioned to the other side. He was a very warm hearted young man. And was always available to help friends and family. As his cousin Ben said about him: "You can lay a 1,000. on the table and know completely that Ephraim would have never taken it". He spent most of his days at Antique World in Clarence , NY which was owned and operated by his Uncle. That was my sons world. A world he will no longer be able to participate in. He is sorely missed by his family and friends.
Mark suffered a brain injury at the age of 19 the night of a high school prom. Mark died at the age of 25. Life was hard for Mark, he lived an aphasic life. Mark struggled to relearn his alphabet and to speak again. Neuro rehab, drug rehab, jails, institutions and death. Mark was disabled and a fighter all at the same time. College, heavy equipment operator, volunteering were all part of these six years. Mark loved kids and wished he had one. Due to the selfish reasoning of his so called friends, Mark will never be able to achieve his dreams that he fought so hard for. Mark's struggle is over !! PEACE..........
His friends describe him as a kind, warm hearted, full of energy, always smiling, and a very silly young man. They also said that whenever Sean walked into a room that he had the ability lighting up the room because he was full of life and energy! He loved his dad, his mom, and his sister very much. He had a very special bond with his great grandma Efford and his great aunt Charlene whom also up in heaven with him. A warm hug from Sean was just another way that he showed his affection to his family and friends
When Cayte was in the middle school she was on the track team, she was a cheerleader for the Nor-Roc Vikings, she was on a soccer team, and she loved attending the dances at the Sad Cafe. When she went to high school, all of those activities stopped. The sad reason was because she was too old. All the kids have, once they reach high school, are the woods and the homes of friends when the parents are at work. If she had activities to do after school when she went to high school, maybe this wouldn't have happened.
From her birth to her passing Katty touched so many lives. Not only did her family have the joy of watching her grow from a 6 pound baby girl to a beautiful young woman, but so many others did as well. The lives she touched are too many to fathom. Her beauty and grace preceded her where ever she went. Her heart was made of fine gold and she cared for others always before herself. She was not just special to all of us but to the Lord who saw fit to call her home at such a young age. Her mansion was ready! When we think of Katty now we all can be at peace because we know she is with her Lord, never to face this harsh world we live in day to day. She is with us always when we remember her smile, her touch, and her kind words. We all had the pleasure of being touched by an ANGEL!
We want our son's name to be Remembered and to bring hope and joy out of something that has been the darkest and heartbreaking days of our families life. JP was very out spoken and we have decided to be that way on this site and to be his voice about the drug companies and the public official's that sit back and do nothing. If we could save one person from what our family had to go Through and is still going Through, it would be all worth it We will not stop until the truth gets out. We want his memory to live on.
Time has gone by so quickly and it seems like we haven't seen your face in forever. Our hearts are broken, our tears flow so freely and our souls feel empty. Michael, you left us with so many happy memories but the memories can never take your place. We know you and your uncle Sam are saving a place for those who cherished you the most.
Two weeks before he died, Chuck called me on the phone. He was excited to tell me he was joining the National Guard. He had begun to think about being a History Teacher. He planned to attend school after basic training. He also mentioned a new girlfriend. He was pretty crazy about her but wanted to give things a little more time before making her "meet the parents". Still, we made plans to meet for lunch once July wound down. He thought we might all get together and told me not to worry, he had a job and would help pay the check. The first time I met the young lady he was so crazy about was as she cried herself senseless over his casket. She laid a broken heart chain and necklace across his hands. She wore the mating half around her slender neck. Her courage in court helped to solidify the deal that sent a drug dealer to prison. I hope she, and Chuck's other friends, make the right decision and swear off drug use so we may never see their faces on these pages.
Everyone ever touched by Miranda. This will be a tribute to the life she lived. She was the most remarkable and inspirational woman I have ever known. I was in awe of my own daughter. Even as her mother, her beauty took my breath away, and as she walked this earth from her crawling stages to adulthood her beauty from the inside amazed me. Miranda loved about every living thing and each friend she had she made her relationship with them special and unique.
Jamie was a very loving son, brother, grandson, nephew, boyfriend and friend.. Most importantly he was the best father anyone could have asked for.. Even though he was only 16 when he was taken away from us from his so called friend, he did everything for his daughter and mother of his daughter  that he had asked to marry him when he turns 18.. Jamie was the type of kid that would take his shirt off his back for anyone that needs it..  Jamie died on April 23, 2008.. If only his so called friend (29 yrs old), his mother and the other people at the home called 911 instead of waiting 3 hours, he would still be here with us today.. Jamie's dad passed away Nov 2005 and he had a hard time dealing with loosing his father and could not believe he was gone.. Well now Jamie is at home with his dad..Until we meet again... I am proud of you my son..Love you always and forever, Mommy
Kaylin Marie Mathews was born on a Tuesday March 1, 1988. Kaylin was my oldest child and my only daughter. She could play the piano, guitar, and drums and loved to sing. She had been "spinning records" the last few years and loved to mix music. She had been working as a d.j. at the time of her death and was very good. Kaylin was an only child for 71/2 years. She has one brother and one sister. She was a talented writer. She made jewelry and she could draw. There was nothing that my baby couldn't do, if she wanted to. Kaylin was left to die in a ravine on June 30, 2008. She was found on July 1, 2008. Her date of death is listed as a Tuesday July 1, 2008. She was 20 years old. I miss her every second of every day. The world lost an amazing talent and an amazing young woman. I lost a part of my heart.
R.J. was truly a blessing in our lives. He was the kind of son that most parents only dream of having. He always respected and obeyed his parents and never got in trouble. RJ was never in trouble in his life RJ always called home to let us know where he was and when he would be home. When he was missing and we couldn't reach him on his cell phone, we knew immediately something terrible was wrong. This is a nightmare that no parent should have to go through and we are living it. Our concern is not what we are going through, but what our son had to go through in his final moments of life.
William Michael Grandchamp better known as Billy, was born Nov 7,1979. HE was a only child. Billy had many friends. Billy often told his friends that his MOM was his best friend. Billy liked to collect sports attire like jerseys and sports caps.Everything he wore had to match. He was meticulous with his clothing, car, and home. Although, Billy had no children of his own he loved children. He told me his greatest wish was to find a good girl and settle down and have a family. That seemed to be very important to him. Even at a young age he had a gift with children. Billy's friends have always commented on how good he was with their children and how their children loved him. Billy was loved by so many people. He had over 800 friends and family members at his wake. Billy will be greatly missed by all his family and friends.
Chase lived life spontaneously with the freedom of a butterfly – a free spirit & soul – no one could hold him down, except his baby girl. She was his LIFE. There wasn’t anything he wouldn’t do for her, including getting clean. Chase was clean 1.5 yrs, after 6 months in residential rehab in New Orleans, continued with NA meetings, substance abuse group counseling, and sought out a Navy recruiter who told him all he would have to do to be eligible. He seemed to be on his way, until he fell off the wagon 12 days out of jail. Turning to heroin again to deal with stress was the mistake of his life. “Chase’s Story” is shared with you on his main page. Thanks for taking time to read it. Sincere and heartfelt thanks to the FDLFD Family for taking us under their wings. “They will sing me to them, and I will hear.” ~RIP Chase~4evrYng~1985-2009
Katelynn Lillian Porter, 16, of West Elgin, was killed in a car crash on Dunborough Rd. in Elgin County. “In loving memory of Katelynn Porter. 12/12/09. 9:40 p.m.” is written between two hearts on the roadside memorial, a makeshift cross. Porter was a student at West Elgin secondary school, where officials are trying to come to grips with the news of her death, especially so close to Christmas.
Tony passed away 10 days after his 16th birthday. He asked permission to spend the night at his friends and I told him yes. I told him" I love you" and he replied "I love you too Mom. Tony was the kid who wanted to make everyone laugh. He had such a wonderful sense of humor and a big heart. He would talk to his friends for hours trying to help them solve their problems. He was a loving big brother, and a wonderful son. He would help you with anything without even being asked. Tony was an extremely intelligent child. He was always placed in advanced classes. A week before he passed we received a letter from Columbine informing us that Tony was nominated to participate in their advanced English Program. He had a gift for writing stories.
She loved all things technical and mechanical with her older brother Ian and fashion and decorating days with her older sister Genevieve. She loved Gothic country art, the workings of the human body, video games, driving and her new tattoo machine. She loved swimming and surfing. She loved all things living and loved her dog Timpleton and her parrot Thermopolis. She had a strong heart and soul, was an independent and progressive thinker, open minded and a will power like no one else. Her favorite place to go was Barnes and Noble.
Vivianna Satterfield was 15 years old! Vivi was the type of young lady that put other people in front of herself. She would always say "Peace and Love".
Kelli Laine Lewis is my only daughter. Kelli died when she was 18 after attending a party hosted by 3 adults who offered a $5.00 entry fee to come and drink all you wanted. A pretty tempting offer for teens not old enough to buy alcohol.
Growing up – she had it all. She was smart and witty - she could come up with a jovial comeback in almost any conversation or situation. She wShe was smart and witty - she could come up with a jovial comeback in almost any conversation or situation. She was always photographing everything and always laughing. She had an infectious laugh, loud and squeaky, but incredibly endearing. Taylor was a huge fan of Tyler Perry’s Madea. She owned every play and knew every word to every gospel song in the plays. She would sing them at the top of her lungs to anyone that would listen. as always photographing everything and always laughing. She had an infectious laugh, loud and squeaky, but incredibly endearing.
He went out THE FIRST TIME to celebrate being "LEGAL" with a creep he considered a friend (even though we warned him this guy was not a true friend). My son did not drive so he was picked up about ten thirty. Even when it was obvious my son was having difficulties this creep brought him to his own house , which is 4 houses away for a few hours, and dropped him off here at home in the middle of the night WITHOUT KNOCKING OR CALLING OR WAKING US UP. We found Ben in his bed the next morning when we tried to wake him.

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Miranda's News Page

Appeal court reinstates murder charge in Ontario overdose case

Will Bigham, Staff Writer

Created: 05/01/2009 07:21:59 PM PDT

A state court of appeal reinstated murder charges Friday against an Ontario man accused of thwarting attempts to seek medical care for his girlfriend as she died of a drug overdose.

A judge dismissed murder charges in October against Andrew Girvan, 32, ruling that there wasn't enough evidence presented by prosecutors at a preliminary hearing for Girvan to stand trial on murder charges.

Miranda Daly, 23, died in August 2007 of a drug overdose at Girvan's home in Ontario.

Prosecutors say Girvan supplied Daly drugs, and failed to seek help for her after she lost consciousness. Witnesses said Girvan threatened to kill other people at his home who suggested they seek medical care for Daly, of Corona.

In its opinion ordering the murder charge reinstated, the court of appeal said Girvan demonstrated "implied malice" during Daly's death.

"By his own admission, Girvan supplied drugs to the victim, his girlfriend," the court's written opinion says. "In addition, it can be inferred that he knew she overdosed, and that he actively prevented others from seeking aid for her by way of threats, despite knowing she was in mortal danger."

The court ordered the Superior Court of San Bernardino County to set aside its order granting Girvan's motion to dismiss murder charge, and enter a new order denying the motion.

"Obviously I'm happy about it," said Deputy District Attorney Mike Dowd, who is prosecuting Girvan's case. "I think

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that it's the right decision. That's why we decided to take it up, because we thought he had an opportunity" the get the murder charge reinstated.

"I'm happy for the victim's family that they'll get their day in court," Dowd added.

The San Bernardino County Public Defender's Office has until May 11 to petition the California Supreme Court to review the appeal court's decision, Dowd said.

After the murder charge was dismissed on Oct. 31, Girvan faced a manslaughter charge that carries a prison sentence of up to four years. With the murder charge now reinstated, Girvan faces 15 years to life, Dowd said.

Donna Fernandez, the deputy public defender who represents Girvan, could not be reached for comment late Friday.

will.bigham@inlandnewspapers.com

(909) 483-8553

 

Appeal court reinstates murder charge in Ontario overdose case

Will Bigham, Staff Writer

Created: 05/01/2009 07:21:59 PM PDT

A state court of appeal reinstated murder charges Friday against an Ontario man accused ofmirandadaly.com

 thwarting attempts to seek medical care for his girlfriend as she died of a drug overdose.

A judge dismissed murder charges in October against Andrew Girvan, 32, ruling that there wasn't enough evidence presented by prosecutors at a preliminary hearing for Girvan to stand trial on murder charges.

Miranda Daly, 23, died in August 2007 of a drug overdose at Girvan's home in Ontario.

Prosecutors say Girvan supplied Daly drugs, and failed to seek help for her after she lost consciousness. Witnesses said Girvan threatened to kill other people at his home who suggested they seek medical care for Daly, of Corona.

In its opinion ordering the murder charge reinstated, the court of appeal said Girvan demonstrated "implied malice" during Daly's death.

"By his own admission, Girvan supplied drugs to the victim, his girlfriend," the court's written opinion says. "In addition, it can be inferred that he knew she overdosed, and that he actively prevented others from seeking aid for her by way of threats, despite knowing she was in mortal danger."

The court ordered the Superior Court of San Bernardino County to set aside its order granting Girvan's motion to dismiss murder charge, and enter a new order denying the motion.

"Obviously I'm happy about it," said Deputy District Attorney Mike Dowd, who is prosecuting Girvan's case. "I think

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that it's the right decision. That's why we decided to take it up, because we thought he had an opportunity" the get the murder charge reinstated.

"I'm happy for the victim's family that they'll get their day in court," Dowd added.

The San Bernardino County Public Defender's Office has until May 11 to petition the California Supreme Court to review the appeal court's decision, Dowd said.

After the murder charge was dismissed on Oct. 31, Girvan faced a manslaughter charge that carries a prison sentence of up to four years. With the murder charge now reinstated, Girvan faces 15 years to life, Dowd said.

Donna Fernandez, the deputy public defender who represents Girvan, could not be reached for comment late Friday.

will.bigham@inlandnewspapers.com

(909) 483-8553

 

 

Appeal court reinstates murder charge in Ontario overdose case

Will Bigham, Staff Writer

Created: 05/01/2009 07:21:59 PM PDT

A state court of appeal reinstated murder charges Friday against an Ontario man accused of thwarting attempts to seek medical care for his girlfriend as she died of a drug overdose.

A judge dismissed murder charges in October against Andrew Girvan, 32, ruling that there wasn't enough evidence presented by prosecutors at a preliminary hearing for Girvan to stand trial on murder charges.

Miranda Daly, 23, died in August 2007 of a drug overdose at Girvan's home in Ontario.

Prosecutors say Girvan supplied Daly drugs, and failed to seek help for her after she lost consciousness. Witnesses said Girvan threatened to kill other people at his home who suggested they seek medical care for Daly, of Corona.

In its opinion ordering the murder charge reinstated, the court of appeal said Girvan demonstrated "implied malice" during Daly's death.

"By his own admission, Girvan supplied drugs to the victim, his girlfriend," the court's written opinion says. "In addition, it can be inferred that he knew she overdosed, and that he actively prevented others from seeking aid for her by way of threats, despite knowing she was in mortal danger."

The court ordered the Superior Court of San Bernardino County to set aside its order granting Girvan's motion to dismiss murder charge, and enter a new order denying the motion.

"Obviously I'm happy about it," said Deputy District Attorney Mike Dowd, who is prosecuting Girvan's case. "I think

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that it's the right decision. That's why we decided to take it up, because we thought he had an opportunity" the get the murder charge reinstated.

"I'm happy for the victim's family that they'll get their day in court," Dowd added.

The San Bernardino County Public Defender's Office has until May 11 to petition the California Supreme Court to review the appeal court's decision, Dowd said.

After the murder charge was dismissed on Oct. 31, Girvan faced a manslaughter charge that carries a prison sentence of up to four years. With the murder charge now reinstated, Girvan faces 15 years to life, Dowd said.

Donna Fernandez, the deputy public defender who represents Girvan, could not be reached for comment late Friday.

will.bigham@inlandnewspapers.com

(909) 483-8553

 

 

 

Prosecutors appeal dismissal of murder charge in Ontario OD case

By Will Bigham on November 14, 2008 4:54 PM

A state court of appeal has agreed to consider reinstating second-degree murder charges against an Ontario man accused of failing to help his girlfriend as she died of a drug overdose.

On Oct. 31, West Valley Superior Court Judge Mary Fuller granted a defense motion to dismiss a murder charge filed against 32-year-old Andrew Girvan.

Prosecutors appealed Fuller's decision to the California 4th District Court of Appeal, which agreed Thursday to consider reinstating the murder charge.

Girvan is accused of supplying drugs to Miranda Daly, 23, then threatening to kill other people at his home who insisted Daly needed medical attention as she lay incapacitated. Daly, of Corona, died Aug. 12, 2007.

(Click the link to the right to read the prosecution's appeal) GIRVAN.pdf

Fuller ruled Oct. 31 that Girvan must stand trial on involuntary manslaughter charges. She set a trial date for Monday.

But with the court of appeal agreeing to consider reinstatement of the murder charge, criminal proceedings against Girvan are stayed pending the court's decision.

"This matter is off calendar until the court of appeal rules," Fuller said Friday.

The prosecution argued in its appeal that Girvan's actions the night of Daly's death constitute "implied malice" necessary for a second-degree murder charge.

Girvan refused to help Daly as she died of a drug overdose, told other people at his home not to touch her or call paramedics, and even walked around his home with guns, prosecutors said.

In the appeal, Grover Merritt, Lead Deputy District Attorney at the Appellate Services Unit of the San Bernardino County District Attorney's Office, said Girvan "prevented rescue" of Daly.

"While no previous California case appears to confront precisely this fact pattern, the application of settled principles to it compels a finding of second-degree murder on these facts," Merritt wrote.

Merritt cited three previous second-degree murder convictions involving "implied malice" in similar situations to Daly's death.

In a 1966 case, a doctor was convicted of second-degree murder for carrying out a "quack" treatment on a cancer patient who later died, Merritt wrote.

In 1977, a man who starved his son to death was convicted of second-degree murder. And in 2000, a man was convicted of the charge after beating a woman unconscious then forcing her into the deep end of a pool, where she drowned.

Merritt said he expects the court of appeal to rule on the Girvan murder charge in about two weeks.

Deputy District Attorney Mike Dowd, the trial prosecutor, said the court of appeal's ruling could also be appealed to the California Supreme Court.

Second-degree murder carries a prison sentence of 15 years to life, while involuntary manslaughter carries a sentence of 2, 3 or 4 years.

Prosecution's appeal Below:

 

Murder charge thrown out for Ontario man


By Will Bigham, Staff Writer Article
Created: 10/31/2008 09:40:44 PM PDT

RANCHO CUCAMONGA - A West Valley Superior Court judge threw out a murder charge Friday filed against an Ontario man who failed to help his girlfriend as she died of a drug overdose. Prosecutors argued that Andrew Girvan, 32, effectively murdered 23-year-old Miranda Daly on Aug. 13, 2007, because he supplied her with drugs at his Ontario home.


In addition, Girvan failed to help Daly as she lay incapacitated, and he threatened to kill other people at the home who insisted that Daly, of Corona, needed medical attention, prosecutors said.


Judge Mary Fuller apparently disagreed that Girvan's actions rose to the level of murder, and dismissed the second-degree murder charge.


Girvan's defense attorney had filed a motion to dismiss both the murder charge and an involuntary manslaughter charge.


Fuller ruled that Girvan must stand trial for involuntary manslaughter.
The difference between the potential prison sentences for second-degree murder and involuntary manslaughter are substantial.


If Girvan were convicted of second-degree murder, he would face a prison sentence of 15 years to life. Involuntary manslaughter carries sentences of two, three or four years.
In her motion to dismiss the charges, Donna Fernandez, Girvan's attorney, argued that there was no evidence that Girvan forced Daly to ingest the ecstasy and morphine that killed her.


Simply supplying drugs that contribute to death is not tantamount
to murder, she argued. "Handing someone a gun is not the equivalent of shooting them," Fernandez wrote. "If this evidence is sufficient for the murder charge to lie, anyone who sells or furnishes a drug to someone who subsequently dies will be subject to murder charge if the drug is a contributing factor to their death.
"Such is not the law."


In his response to Fernandez's motion, Deputy District Attorney Michael Dowd argued that Girvan's actions met the standard of "implied malice" necessary for a second-degree murder conviction.


"By giving her the drugs and then standing idly by, he showed a conscious disregard for her life," Dowd said.


Dowd said that three other people at Girvan's home saw that Daly was in need of medical attention and urged Girvan to do something.


He responded angrily to the suggestions, ordering no one to touch Daly and threatening to kill anyone who did. He was also walking around his home with guns, Dowd wrote.
"The defendant stated, `When she shops breathing, that's when we have a problem,"' Dowd wrote. "The victim did stop breathing due to the actions by word and deed of the defendant. He has a problem. He murdered her. He is the cause of her death."
After the hearing, Daly's mother, Debbe Case, was visibly upset over the judge's ruling.
"I'm very shocked," Case said. "I can't even process it right now because he clearly, intentionally wanted her to die. It's clear in all his actions. ... How can (Fuller) say there was no intent to murder?"


The court set a trial date of Nov. 17.
In addition to the involuntary manslaughter charge, Girvan faces a felony firearm possession charge and two felony charges of possession of drugs for sale.
will.bigham@inlandnewspapers.com
(909) 483-8553


--------------------------------------------------------------------------------------------------------



Bail up to $1M in OD Death

 Man accused of refusing help for his girlfriend

By Rod Leveque, Staff Writer Article Created: 

03/05/2008 09:51:24 PM PST

RANCHO CUCAMONGA - A judge increased bail to $1 million Wednesday for an Ontario man accused of failing to get medical help for his girlfriend as she died of a drug overdose. The move came less than a week after prosecutors charged Andrew Girvan with murder in connection with the Aug. 12 death of Miranda Daly.


Girvan, 31, pleaded not guilty to the charge during his arraignment Wednesday morning in West Valley Superior Court.


The case against Girvan is unusual because it generally is not illegal for ordinary citizens to refuse to help others in need.


Girvan's attorney, Deputy Public Defender Donna Fernandez, said Wednesday that Girvan loved Daly, and called the murder charge against her client "outrageous."
"I don't believe he ever expected her to die, let alone intended for her to die," Fernandez said. "Her death was the tragic result of the party lifestyle she had chosen."


Until last week, Girvan had been charged with involuntary manslaughter. Prosecutors upped the charge to second-degree murder Friday after evaluating testimony from a preliminary hearing two weeks ago.


Several witnesses testified during the hearing that they were in Girvan's home as Daly slowly died of an overdose of morphine and Ecstasy.


The witnesses said they wanted to get medical help for the 23-year-old woman, but Girvan would not let them.


They said he walked around the home carrying an assault rifle and other weapons, and
led them to believe they would be harmed if they took Daly to the hospital or called paramedics. Deputy District Attorney Michael Dowd said the murder charge is warranted because Girvan acted with a "conscious disregard" for Daly's life.


Daly's friends and family have said the woman was not a drug user, and they believe Girvan intended for the woman to die.


Girvan's bail had been set at $75,000 when he was facing the manslaughter charge.
Dowd asked that it be raised to $1 million because that amount is standard for murder cases in San Bernardino County.


Judge Mary Fuller agreed.


Girvan, who remains in jail, will return to court on March 28 for a pretrial hearing. His trial is tentatively scheduled to begin on April 14.
 
-----------------------------------------------------------------------------
O.D. case scope grows
Man charged with murder


By Rod Leveque, Staff Writer Article Launched: 
03/01/2008 12:00:00 AM PST


RANCHO CUCAMONGA - An Ontario man accused of failing to help his girlfriend as she died of a drug overdose is now facing a murder charge. Andrew Girvan had been charged with involuntary manslaughter in connection with the August death of 23-year-old Miranda Daly.


Prosecutors upped the charge Friday, saying they now believe Girvan was not only negligent but malicious when he failed to summon medical help for the woman and then interfered with other people who tried to step in.


"By allowing her to die in the way she did, he acted in conscious disregard of human life," Deputy District Attorney Michael Dowd said. "So we feel this is an appropriate charge."
The manslaughter charge carried a penalty of up to four years in prison. The second-degree murder count could land Girvan behind bars for 15 years to life.


The new charge marks a remarkable turn of events in the case.
Daly's family and friends initially had trouble persuading the San Bernardino County District Attorney's Office to consider Daly's death a homicide.


The circumstances of the death posed tricky legal issues for prosecutors because it generally is not illegal for an average citizen to refuse to help someone in need.
Only after heavy lobbying by Daly's mother, Debbe Case, did prosecutors charge Girvan, 31, with manslaughter.


That charge cleared a major legal hurdle last week when a judge ruled prosecutors had sufficient evidence to take Girvan to trial. Three witnesses testified at a preliminary hearing that they were inside Girvan's home with Daly in the early morning of Aug. 12 as she slowly slipped away from an excess of morphine and Ecstasy.

 
All three said it was clear to them that the woman was dying as she lay unconscious for more than six hours.


They testified that they pleaded with Girvan to allow them to take the woman to a hospital, but he refused.


They said Girvan, a reputed drug dealer, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.
Dowd said the strength of that testimony prompted him and his supervisors to re-evaluate the case.


The prosecutor also said he believed evidence in the hearing suggested Girvan supplied Daly with the drugs.


Girvan's attorney, Deputy Public Defender Donna Fernandez, did not return a call seeking comment Friday afternoon.


Fernandez said last week that she believed prosecutors were stretching to charge her client with manslaughter, and she was considering filing a motion to have the charge dismissed.


Case, meanwhile, said Friday she has always believed Girvan deserved to be charged with murder.


The announcement of the murder charge gave her a glimmer of hope that Girvan may face the sort of justice she believes he deserves.
"I'm so relieved," she said. "I can't even tell you. All I could do when I found out this morning was just cry."

 
Girvan is due for arraignment Wednesday in West Valley Superior Court.
Dowd filed a request to have Girvan's bail increased from $75,000 to $1million as a result of the new charge.


The higher amount is standard for murder cases.


Girvan remains in jail.
r_leveque@dailybulletin.com
(909) 483-9325
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O.D. case to proceed
Judge orders trial in woman's drug death


By Rod Leveque, Staff Writer Article Launched: 
02/23/2008 12:00:00 AM PST

RANCHO CUCAMONGA - A novel homicide case cleared its first major legal hurdle Friday when a judge ordered an Ontario man to stand trial for allegedly failing to help his girlfriend as she died from a drug overdose. The judge ruled prosecutors may press forward with an involuntary manslaughter charge against 31-year-old Andrew Girvan despite laws that say ordinary citizens have no legal obligation to help each other in times of need.


"It's an interesting case," Judge Raymond Van Stockum said in handing down his ruling. "It has some interesting issues, and I'm sure it will be an interesting trial."
Girvan is charged in connection with the Aug. 12 death of Miranda Daly. The 23-year-old Corona woman died of an overdose of morphine and Ecstacy in Girvan's home in the 2500 block of Imperial Place.


Generally, the only time citizens are legally required to help each other is when they have a specific duty to do so. A parent, for example, is obligated to help his child. An on-duty lifeguard is obligated to help somebody drowning in front of him in a swimming pool.
Girvan did not share any of these traditional relationships with Daly.
The San Bernardino County District Attorney's Office, however, broadly interpreted these laws to construct a theory to hold him responsible for her death anyway.
They say he not only failed to help Daly as she died, but also stopped several other people from coming to her aid.


By doing so, he implicitly assumed the responsibility to get her medical care, they claim.
During a two-day preliminary hearing that concluded Friday in West Valley Superior Court, three witnesses who were in the home with Girvan and Daly testified that they pleaded with Girvan to allow them to take the woman to a hospital as she laid unconscious for more than six hours.


They said Girvan, a reputed drug dealer, appeared indifferent to the woman's condition.
They testified he flatly refused to allow them to get her help, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.
Girvan's attorney, Donna Fernandez, argued in court that Girvan was no more responsible for Daly's death than the three witnesses.
She said the trio had ample opportunity to call for an ambulance but, like Girvan, chose not to.
She argued that they exaggerated the supposed threats from Girvan after the fact to justify their own lack of action.
Outside the courtroom, Fernandez said she may seek to have the involuntary manslaughter charge dismissed before a trial begins.
"I think the DA is really trying to push the envelope with this," she said.
Deputy District Attorney Michael Dowd said the judge's decision to hold Girvan for trial proved the prosecution's legal theory is sound.
Though the precedent may be thin, the facts of the case are strong, he said.
"You always wonder how a court is going to react to a set of facts that you don't see often," Dowd said. "This judge took it very seriously."
Daly's mother, Debbe Case, campaigned tirelessly to convince the district attorney to charge Girvan with homicide.
Although she contends he deserves to be charged with murder, she said Friday she was greatly relieved by the judge's ruling.
"From the beginning they haven't given me a lot of hope he would be prosecuted at all," she said.
A second suspect, Robert Macias, is charged with making criminal threats against two of the three witnesses.
Prosecutors allege he told them he would harm them or their families if they went to the police about Daly's death.
Girvan and Macias have pleaded not guilty.
They remained in jail and are set to return to court on March 5 to be arraigned.
 
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RANCHO CUCAMONGA, CA
From the Daliy Bulletinhttp://www.dailybulletin.com/ci_8343719 O.D. case to proceedJudge orders trial in woman's drug deathBy Rod Leveque, Staff Writer Article Created: 02/22/2008 10:14:59 PM PST
RANCHO CUCAMONGA - A novel homicide case cleared its first major legal hurdle Friday when a judge ordered an Ontario man to stand trial for allegedly failing to help his girlfriend as she died from a drug overdose. The judge ruled prosecutors may press forward with an involuntary manslaughter charge against 31-year-old Andrew Girvan despite laws that say ordinary citizens have no legal obligation to help each other in times of need.
"It's an interesting case," Judge Raymond Van Stockum said in handing down his ruling. "It has some interesting issues, and I'm sure it will be an interesting trial."
Girvan is charged in connection with the Aug. 12 death of Miranda Daly. The 23-year-old Corona woman died of an overdose of morphine and Ecstacy in Girvan's home in the 2500 block of Imperial Place.
Generally, the only time citizens are legally required to help each other is when they have a specific duty to do so. A parent, for example, is obligated to help his child. An on-duty lifeguard is obligated to help somebody drowning in front of him in a swimming pool.
Girvan did not share any of these traditional relationships with Daly.
The San Bernardino County District Attorney's Office, however, broadly interpreted these laws to construct a theory to hold him responsible for her death anyway.
They say he not only failed to help Daly as she died, but also stopped several other people from coming to her aid.
By doing so, he implicitly assumed the responsibility to get her medical care, they claim.
During a two-day preliminary hearing that concluded Friday in West Valley Superior Court, three witnesses who were in the home with Girvan and Daly testified that they pleaded with Girvan to allow them to take the woman to a hospital as she laid unconscious for more than six hours.
They said Girvan, a reputed drug dealer, appeared indifferent to the woman's condition.
They testified he flatly refused to allow them to get her help, walked around the house with a gun and led them to believe they would be harmed if they contacted authorities.
Girvan's attorney, Donna Fernandez, argued in court that Girvan was no more responsible for Daly's death than the three witnesses.
She said the trio had ample opportunity to call for an ambulance but, like Girvan, chose not to.
She argued that they exaggerated the supposed threats from Girvan after the fact to justify their own lack of action.
Outside the courtroom, Fernandez said she may seek to have the involuntary manslaughter charge dismissed before a trial begins.
"I think the DA is really trying to push the envelope with this," she said.
Deputy District Attorney Michael Dowd said the judge's decision to hold Girvan for trial proved the prosecution's legal theory is sound.
Though the precedent may be thin, the facts of the case are strong, he said.
"You always wonder how a court is going to react to a set of facts that you don't see often," Dowd said. "This judge took it very seriously."
Daly's mother, Debbe Case, campaigned tirelessly to convince the district attorney to charge Girvan with homicide.
Although she contends he deserves to be charged with murder, she said Friday she was greatly relieved by the judge's ruling.
"From the beginning they haven't given me a lot of hope he would be prosecuted at all," she said.
A second suspect, Robert Macias, is charged with making criminal threats against two of the three witnesses.
Prosecutors allege he told them he would harm them or their families if they went to the police about Daly's death.
Girvan and Macias have pleaded not guilty.
They remained in jail and are set to return to court on March 5 to be arraigned.

 

 

 

 

 

 

 

 

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