UPDATED: Driver in Arcadia Crosswalk Death To Face Trial

The driver of a red Lexus that fatally struck an Arcadia High School student and severely injured her friend will face trial on the charge of felony vehicular manslaughter with gross negligence, a judge ruled Wednesday.

Bowen Du--clad in a black dress shirt, black pants and a red tie-- barely moved as attorneys, Judge Stan Blumenfeld and recounted the elements leading up to the death of teenager Alice Zhang, who was killed April 10 when Du's Lexus hit her and her friend as they traveled on a crosswalk.

The 19-year-old Du, of Arcadia, was in the Pasadena Courthouse for his preliminary hearing, which is the hearing a judge uses to determine if there's enough evidence for the case to go to trial.

Du has  to a charge of vehicular manslaughter on Tuesday, June 28, and Arcadia Police have pointed to Du's dirty windshield as  He faces possibly six years in state prison if convicted.

Prosecution and Defense

Evan Freed, the defense laywer for Du, asked the judge via motions to dismiss based on a lack of evidence, or at least consider lessening the severity of the charge, given Du's completely bare police record along with other factors.

"He graduated from the same high school ... he's joined the Army Reserves, serving our country," Freed said. "He didn't flee, he gave a written statement ... this should not be a state prison case."

Freed also mentioned that Du has taken the incident very hard, and has undergone counseling to help handle what's happening. 

"This has destroyed three families," he said. "I've gotten to know him, and he's a good man. He's told me that he wished it could have been him."

The prosecution contended that Du demonstrated gross negligence when confronted with a combination of an extremely dirty windshield as well the sun beaming into his field of vision.

"We're not saying Bowen Du is a bad person," said prosecutor Brook White. "But we have one dead body, and another young woman who could be disfigured or disabled for the rest of her life ... he had fluid (for his windshield wipers). Just hit that button, like we all do. Now we have a family who lost their only daughter."

Judge Blumenfeld shot down the motion to dismiss on lack of evidence as well as the motion to reduce the charges, saying that Du took "no action that a prudent person would have taken under the environmental circumstances" and that a "reasonable jury could decide" on gross negligence.

"When you drive in an area where there are going to be people, and don't adjust by slowing down or pulling over ... hasn't your client passed the test for gross negligence?" Blumenfeld said.

The judge also ruled against holding Du on the allegation of gross bodily injury in regards to Priyanka Patel, the friend who was with Alice Zhang on the crosswalk and also struck by Du's vehicle. He did tell the prosecution that the opportunity to pursue that would be available.

Dirty Windshield

A Chinese-language interpreter could be heard speaking into a device as earlier in the day, both attorneys asked the responding officer and the lead detective of the case to delve into details ranging from the safety features of the crosswalk, traffic violations that could have been tied to Du's vehicle, as well as the scene itself.

Det. Mike Hale, the case's lead investigator, testified during questioning that Du's windshield was one of the "dirtiest" he had ever seen during his time as an officer, which spans a little more than 14 years.

He also noted other traffic violations from Du, such as passing vehicles that had originally stopped for Zhang and Patel. Hale testified that while Patel was struck and survived, she was severely injured, and would later require a permanent metal plate in her head to alleviate skull damage and a pinched nerve in her right eye.

Freed asked Hale try to and determine the distance from Du's vehicle to the crosswalk, along with questions in regard to the dirtiness of Du's windshield. He also presented various pictures of the crosswalk to Hale, Judge Blumenfeld and Officer Barry Miller, who was the first officer on scene and testified earlier. Freed also asked Miller about witnesses he spoke with at the scene.

According to Miller, who arrived at 6:44 p.m. on April 10, all four witnesses "couldn't remember" if they saw that the crosswalk's flashing lights were activated. Freed also asked Miller to confirm that Du said the shining of the sun prevented him from seeing the girls as they crossed.

Du will next appear in court Aug. 11.

This story has been updated to add more details from the judge, prosecution and defense.