Human error was the only possible cause of the summer tragedy at the Santa Monica Farmers' Market when an elderly man drove through a crowd of shoppers, killing 10 people, according to a California Highway Patrol report obtained by The Times.
The preliminary report leaves the decision on whether to criminally charge the driver, 86-year-old George Russell Weller, to Los Angeles County Dist. Atty. Steve Cooley. A spokesman for Cooley's office said any decision was several weeks away.
The summary of the investigation by a special CHP unit meticulously excluded other possible causes, such as weather or mechanical failure of the 1992 Buick LeSabre that Weller drove. The report states that Weller caused a minor traffic accident immediately before he accelerated and plowed through dozens of pedestrians at the popular street market, coming to rest 995 feet away.
"During this 995 feet, 10 persons were killed and 63 injured. If Mr. Weller had placed his foot on the brake while traveling westbound on Arizona Avenue through the Farmers' Market street fair, the Buick would have stopped," the CHP concluded.
Weller was taking prescription medication that causes nausea and dizziness, and he suffered from arthritis. He had undergone hip replacements that reduced his mobility and may have led to Weller's placing his foot on the gas instead of the brake, according to the preliminary investigative report.
Weller reached speeds of 60 mph or more through the market with his "eyes open, hands on the steering wheel at the 10 o'clock and 2 o'clock position," according to the report.
Witnesses told investigators that he didn't slow down or step on the brakes and that they heard only the revving of the Buick's engine. He stared straight ahead and steered through the market, avoiding parked cars on either side of the street, the report said.
Weller, who is a longtime Santa Monica resident, "was aware of the conditions in the vicinity of the Farmers' Market street fair," the report said.
CHP investigators interviewed more than 600 witnesses, viewed videotapes and photographs and did an elaborate, second-by-second reconstruction of the July 16 incident.
They are expected to complete their investigation by Friday, and the Santa Monica Police Department, which asked the CHP for assistance, could make a recommendation to prosecutors by mid-December. Both police and prosecutors have received the report. Weller could face charges of involuntary manslaughter or murder.
