A California driver at the centre of a devastating Malibu car crash that killed four Pepperdine University students is fighting to have his murder charges thrown out, arguing he’s been 'grossly overcharged' by prosecutors.
23-year-old Fraser Bohm, who was behind the wheel of a BMW that ploughed into parked cars on the Pacific Coast Highway in October 2023, has become the focus of a high-profile legal battle over whether his actions amount to murder or something far less severe.
The tragic incident claimed the lives of four seniors from Pepperdine’s Alpha Phi sorority: 20-year-old Niamh Rolston, 21-year-old Peyton Stewart, 21-year-old Asha Weir, and 21-year-old Deslyn Williams.
The group of women were walking along the road when Bohm’s speeding car slammed into three vehicles, which then hit them.
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Prosecutors allege Bohm was travelling at around 104 mph in a 45-mph zone on what’s known as one of the most dangerous stretches of the Pacific Coast Highway when he lost control.
Two other people were injured, while Bohm himself walked away unhurt.
Initially charged with gross vehicular manslaughter, Bohm’s case was later upgraded to include four counts of second-degree murder and four counts of vehicular manslaughter with gross negligence - charges his lawyer says have no legal basis.
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His defence attorney, Jacqueline Sparanga, filed a 55-page motion on September 30 calling on the judge to dismiss the murder counts.
Speaking to the New York Post, Sparanga said: “We believe that the facts that were presented at the preliminary hearing do not establish murder charges, so we’re asking the court to look at the facts that were presented … and look at the law and make a determination that the facts do not rise to the level of murder.”
She continued: “We believe he was very overcharged, grossly overcharged. We don’t believe this is a murder case. This is our first shot at getting the murder charges dismissed.”
The motion argues that prosecutors lack legally sufficient evidence to support claims of implied malice — the legal concept that a person knowingly acts in a way likely to cause death or serious injury.
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It also accuses the prosecution of presenting a 'muddled' theory unsupported by fact or law.
Bohm appeared at Van Nuys Courthouse as the filing was submitted, with Los Angeles County Superior Court Judge Thomas Rubinson now set to review the arguments.
The case has attracted major attention not only because of the horrific nature of the crash, but also because Bohm’s legal team includes Alan Jackson – the high-profile Los Angeles defence attorney who helped secure Karen Read’s acquittal earlier this year and has represented Harvey Weinstein and Kevin Spacey.
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A bid by Jackson last month to reduce Bohm’s $4 million bail to $2 million was rejected. The family, according to Jackson, sold their home and 'drained all their retirement' to fund his defence.
Bohm has pleaded not guilty and is awaiting trial.
If convicted, he faces multiple life sentences. A hearing on the motion to dismiss is scheduled for November 10.
Topics: Los Angeles, US News, Crime
Ben Williams