Drunk driver who killed Nick Adenhart asks the judge to drop murder charge

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Last year Andrew Gallo drove his van into a car carrying Nick Adenhart, killing the Angels pitcher and two other people.
He was well over the legal alcohol limit and was charged with murder, but yesterday Gallo’s lawyer filed a motion asking the judge to drop those charges by claiming, according to the Associated Press, that Gallo “did not intend to drive drunk.”
In the motion attorney Jacqueline Goodman claims that Gallo did not have “intended malice” and took the wheel only after his planned designated driver got drunk himself.
Naturally the prosecuting attorney says none of that matters and, while not an actual lawyer like Craig or even a pretend lawyer like Lionel Hutz, I tend to agree. The trial is scheduled for later this month.