Closing Arguments in Pumar Vehicular Manslaughter Trial Thursday

The fates of both William Ware and Matthew Nando Pumar could have changed in just four seconds.

That's what four days of evidence have demonstrated in Peoples v. Pumar, the trial against the 22-year-old for the horrific death of 50-year-old Ware on June 21, 2012. Now, after closing testimonies Thursday, the 14-member jury will deliberate whether the prosecution has proven beyond a reasonable doubt that in fact the defendant committed gross vehicular manslaughter.


For four seconds, that fateful morning just before 9:29 a.m., the traffic light on eastbound California Street cycled to yellow.

The jury will need to determine based on the evidence if Pumar's gray 2004 Audi A4 entered the intersection on yellow and therefore had the right-of-way.

If his vehicle had the right-of-way, then the truck driven by witness Joshua Bailey—that at that moment attempted to make a left onto southbound Escuela Avenue—would have been in the intersection unlawfully.

However, four witnesses—including Bailey—testified that the light was clearly red.

The jury will also consider the possibility that if Pumar had been speeding, then in those four seconds he could have made the yellow light based on the distance that at least one witness guessed they saw the car before it reached the crosswalk.

If the defendant didn't run the red light, then Bailey's unlawful turn may have caused Pumar to make an evasive move to avoid a collision with the truck that resulted in the defendant swerving. At the end of the swerve Pumar's vehicle may have tragically ended up on a path directly toward Ware at the bus stop.

The jury will also have to consider whether the vehicle traveled closer to 40 miles per hour as expert witness traffic accident reconstructionist Chris Kauderer testified on Wednesday. Or did the vehicle travel at speeds between 46 and 62 miles per hour as Mountain View Police Officer Edward Hammon said Monday.

Kauderer said that Hammon shouldn't have used certain formulas to calculate the speed because of how the victim's body traveled, or was "carried" versus "thrown" by the vehicle, at the accident scene. Hammon took Kauderer's traffic course in 2009. 

The victim's body came to a rest 156 feet from the bus stop, but not before Ware's left thigh was sheared off and suffered numerous other injuries too graphic to describe. The car itself traveled a total of 194 feet from its first area of impact at the curb.

But despite the jury's final verdict, the Ware family understands that "Billy" Ware is gone and the decision would put Pumar—who's mom, dad and sister have sat behind him in court—in prison.

It's is a terrible situation for everyone involved, the Ware family has previously told Patch.

"But at least it would be over," Scott Ware and his sister said.