Blood-alcohol of driver suspected of killing Modesto sergeant far above legal limit
A prosecutor on Tuesday said Matthew David Gibbs had a blood alcohol content of 0.34, more than four times the legal limit, when he killed Modesto police Sgt. Mike Pershall.
Gibbs pleaded not guilty to murder and other criminal charges in Pershall's death. The police sergeant was off-duty and riding his bicycle last week when a car Gibbs was driving struck him, according to the California Highway Patrol.
Along with the murder charge, Gibbs is accused of vehicular manslaughter with gross negligence while intoxicated and driving with a suspended driver’s license.
The defendant appeared in Stanislaus Superior Court Tuesday afternoon for his arraignment hearing. Since his arrest last week, Gibbs had been held at the county jail without bail.
Judge Linda McFadden heard arguments from both sides before deciding on a bail amount for Gibbs.
Deputy District Attorney Tanja Titre argued that last week's fatal crash was not the first time Gibbs has been caught driving with a blood alcohol content that was more than four times the legal limit of 0.08.
In 2014 in Siskiyou County, Gibbs pleaded no contest to driving under the influence with a blood alcohol content of 0.08 percent or higher. He admitted to an enhancement of having a blood alcohol content of 0.20 percent or higher.
Titre told the judge that Gibbs was driving with a 0.37 BAC, which resulted in the Siskiyou conviction. Gibbs also pleaded no contest to driving on a suspended or revoked license with that conviction.
In Stanislaus County, Gibbs had an April 2012 arrest that resulted in a misdemeanor DUI charge that was dismissed in 2014. Titre said Gibbs had a 0.26 BAC in that 2012 arrest.
The prosecutor argued that Gibbs "repeatedly drinks and drives," and he has gotten behind the wheel using vehicles belonging to his relatives even though his license was suspended.
Gibbs told authorities that he's driven drunk on about 30 occasions, according to the prosecutor. Titre said Gibbs presents a dangerous risk to the public, and asked the court to set bail at $3 million.
Robert Forkner, Gibbs' attorney, told the judge that it was impossible for him to respond to the prosecutor's allegations, considering he was only handed an initial packet of evidence from the prosecution shortly before Tuesday's hearing.
The defense attorney argued that the appropriate bail amount for a murder charge is $1 million, an amount agreed to by the judges in this county.
Judge McFadden told the attorneys that the prosecution provided sufficient evidence to set an increased bail amount, which includes the high blood alcohol content levels. She told the defense attorney that he can seek a bail reduction at a later date and present his argument again after reviewing his client's case further.
McFadden set Gibbs' bail amount at $3 million and scheduled the defendant to return to court Sept. 28 for a pretrial hearing.
Shortly after 6 p.m. on Aug. 22, Pershall was struck while riding his bike on Merle Avenue, west of Fine Avenue near Dan Savage Middle School in east Modesto. Authorities found Pershall on the road in a westbound lane. He was pronounced dead at the scene.
Gibbs was driving a Volkswagen Coupe west on Merle and struck the rear of Pershall’s bicycle, knocking him off the bike, the California Highway Patrol reported. The CHP is leading the investigation of the fatal crash.
The Volkswagen reportedly drove up onto the north curb, struck a fire hydrant and came to a stop along the north side of Merle, west of where Pershall was struck by the car. Gibbs was taken into custody by the CHP after he displayed signs of impairment.
Pershall had been with the Modesto Police Department since 2012. Before then, he worked for the Tuolumne County Sheriff’s Department.
Rosalio Ahumada: 209-578-2394, @ModBeeCourts
This story was originally published August 29, 2017 at 2:49 PM with the headline "Blood-alcohol of driver suspected of killing Modesto sergeant far above legal limit."