Driver charged in crash that killed four Pepperdine students posts $4 million bail
The driver who was allegedly speeding when he crashed into multiple parked vehicles on Pacific Coast Highway in Malibu, killing four Pepperdine University students, is free on bail Saturday.
Fraser Michael Bohm, 22, of Malibu, was released at 8:31 p.m. Friday, according to court records.
Bohm was re-arrested Tuesday afternoon after a felony complaint was filed charging him with four counts each of murder and vehicular manslaughter with gross negligence in connection with the Oct. 17 crash that killed Niamh Rolston, 20, Peyton Stewart, 21, Asha Weir, 21, and Deslyn Williams, 21, all seniors at Pepperdine's Seaver College of Liberal Arts.
Bohm's bail was set at $8 million following his re-arrest Tuesday, but subsequently reduced to $4 million during his initial appearance in a Van Nuys courtroom. A bail review hearing initially scheduled for Thursday was postponed until Monday.
Defense attorney Michael Kraut is asking Judge Eric Harmon to reduce Bohm's bail to $400,000, contending that his client was a victim of road rage.
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District Attorney George Gascón said during a Wednesday afternoon news conference that Bohm was "allegedly speeding at speeds of 104 miles an hour in a 45-mile-per hour zone when he lost control of his BMW," explaining that the murder charges were filed because of "the speed, the reckless disregard for the safety of others."
Sheriff's officials said Bohm swerved onto the north shoulder of westbound PCH and slammed into at least three vehicles parked alongside on the roadway. Those parked vehicles struck the four Pepperdine students who were standing or walking nearby, leaving them dead at the scene, according to the sheriff's department.
Kraut countered that there was no evidence to support Gascón's claim that Bohm was driving at 104 mph.
"He used numbers like my client was at 104 miles per hour at the time of the crash. The evidence clearly shows that didn't happen," Kraut told reporters outside court Thursday morning.
The defense attorney said the maximum speed at the time of impact was 70 mph based on witness statements, his client's statement and the black box inside the BMW, and accused sheriff's investigators of refusing to answer phone calls and emails from the defense and rushing to file the case without proper investigation.
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Kraut said it took the defense only a couple of days to obtain a video that corroborated his client's version of what happened that night.
"Had they done their job, which is to listen to the witnesses and test their credibility before running out and filing murder charges on a 22- year-old with zero record, zero points, no speeding tickets and somebody who's been totally law-abiding, we wouldn't be here with murder charges. There'd be somebody else standing here."
"My client was picking up tacos for a friend. There was no drugs, no alcohol, nothing that he had consumed, no smoking of marijuana," Kraut told reporters. "He picked up the tacos and was headed north.
"At the stoplight at Duke's, he had been stopped and was texting a friend to tell him he was coming there and the guy next to him began to become irate. That person then gave chase to my client. My client continued at a regular speed as the ... black box shows. And then the other person came in his lane and started pushing him. That person then made contact with my client's car."
Bohm's attorney said the video shows his client "pulling away from this guy as he pushed him and my client went into the other lane and then begins to stop."
Los Angeles County Sheriff's Department Sgt. Jim Arens told reporters Wednesday that he had "no evidence" that the crash stemmed from an alleged road rage incident, and he urged anyone with information to contact detectives at the sheriff's Lost Hills station.
Kraut said the defense would not provide any additional information to the sheriff's department, saying he believes they have an "agenda" to "get a quick arrest, to get a quick murder charge."
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John Harlan with the District Attorney's Office told reporters Wednesday that Bohm's attorney emailed the District Attorney's Office after an arrest warrant had already been issued for the young man.
"It was not with any names of witnesses. It was just a claim," Harlan said. "That's been forwarded to the assigned D.A. in the case to follow up on so investigators will then have to go out and interview anyone Mr. Kraut is identifying as additional witnesses."
Gascón said the defense attorney is alleging there were "some other intervening causes.
"We look forward to any additional information. ... Clearly, this is an ongoing investigation," Gascón added. "If there are other witnesses, other information, we will look at it to make sure the case is properly charged."
Bohm could face multiple life prison sentences if convicted as charged, according to the District Attorney's Office.