Alleged texter faces 9 years

A Costa Mesa man showed no regard for human life while he drove through Newport Beach and text messaged, ultimately killing a pedestrian, prosecutors said during the first day of the man’s trial Monday.

The defense, however, argued during opening statements that Martin Burt Kuehl, 42, wasn’t text messaging when his vehicle struck and killed Martha Ovalle, 32, as she crossed the street on Westcliff Drive in August 2008.

He has been riddled with guilt ever since the crash, Kuehl’s public defender, Adam Vining, told jurors.

“He was completely undone. He was horrified,” testified Kyle Chrystal, who was driving behind Kuehl at the time of the crash. “It was as bad as I’ve seen anyone like that.”

Kuehl sat at the defendant’s table in an orange jumpsuit, wiping away tears as Chrystal described watching Kuehl’s GMC Yukon drive straight into Ovalle without braking.

Deputy Dist. Atty. Jason Baez asked Chrystal about the moments leading up to the crash, when Kuehl was apparently distracted at a green light. Chrystal told jurors how he waited 10 to 15 seconds for Kuehl to go when the light turned green at the Dover and Westcliff drive intersection. He ended up honking at Kuehl to get him to go, he testified.

Chrystal then told jurors how he noticed Ovalle in the designated crosswalk moments later. She was crossing about 8:31 a.m. when she was hit. He said Kuehl’s SUV was moving at the speed limit, about 35 mph, when it drifted into the left lane, heading straight toward Ovalle. He told jurors he thought for a moment that Kuehl was trying to avoid her.

He hit Ovalle with the right front end of his SUV, launching her 72 feet down the road and into a gutter.

Prosecutors told jurors during opening statements that Kuehl’s phone records show he was text messaging while driving for the half-hour leading up to the crash. Vining claims that his client text messaged only once while behind the wheel, and even then he was stopped at a red light at Bayside Drive and East Coast Highway. Vining said Kuehl will likely testify. The trial is expected to end Thursday.

Kuehl faces up to nine years in prison if convicted.