Appeal-Democrat
YUBA COUNTY, Calif. — The Yuba County District Attorney’s Office has filed a new vehicular manslaughter charge against a former Hotshot firefighter after a judge dismissed charges against him in March.
Andrew Gruenberg pleaded not guilty in Yuba County Superior Court on Monday to charges of vehicular manslaughter, driving under the influence causing injury, driving under the influence with a blood alcohol percent more than the legal limit and hit and run.
Gruenberg was charged with the same counts — after his friend and colleague, Michael Kelly, was found dead on Marysville Road after a post-fire season party in Camptonville — in November 2013. According to testimony at Gruenberg’s preliminary hearing in March, Kelly was lying in the road when the vehicle Gruenberg was driving ran over Kelly’s body.
The question of whether Kelly was already dead when Gruenberg hit him was debated, as was whether Gruenberg acted with negligence that led to the death of Kelly.
Judge Debra Givens dismissed all but one charge in the case after that hearing.
Givens bound him over on a single felony count of failing to stop at the scene of an accident. She dismissed the other charge because, she said, she could not find enough evidence he violated an additional vehicle code section.
Deputy District Attorney Melanie Bendorf refiled the charges soon after.
The case will be back in court on June 29.
Defense attorney Thomas Leupp said on Monday that he will file a motion to dismiss the case.
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