Judge invokes three-strikes law in fatal DUI crash

A Orange man was sentenced to 35 years to life Friday for fatally crashing into an Orange Coast College student’s car in 2006 while under the influence of nine drugs.

An Orange County Superior Court jury on Feb. 5 found Danny Lewis Malone, 56, guilty of vehicular manslaughter with gross negligence while intoxicated for killing Nicholas Russell, 18, of Huntington Beach.

Superior Court Judge Karen L. Robinson invoked California’s three-strikes law, all but ensuring that Malone will spend the rest of his life in prison.

Tom Russell, the victim’s uncle, asked Robinson to impose the maximum-possible sentence during proceedings in a Santa Ana courtroom.

Malone had two strikes for previous convictions — one for robbery in 1978 and another for attempted residential burglary in 1986.

He was also convicted of commercial burglaries in 1974 and 1976, receiving stolen property in 1984, commercial burglary in 1991 and possession of a controlled substance in 1998.

Malone was driving his Ford SUV along Beach Boulevard in Stanton when he crashed into the back of a Mercury sedan at Beach and Village Center Drive about 6 p.m. March 11, 2006.

He was going 61 mph and didn’t attempt to stop, slow down or avoid the Mercury, which was stopped at a red left-turn light.

The Mercury, driven by Nicholas Russell, a Huntington Beach High School graduate and liver transplant survivor, spun and was pushed into the center divider.

After the wreck, Nicholas Russell was conscious and talking and appeared to have only minor injuries. But on the way to the hospital paramedics discovered bleeding in his brain. He later fell into a coma and underwent brain surgery, dying one week after the crash.

A blood test showed that Malone was under the influence of methamphetamine, marijuana, muscle relaxers and pain killers at the time of the crash.

During the sentencing hearing, Patti Russell, the victim’s aunt, described her nephew as someone who loved acting and music and was highly excited about a radio show he had started at OCC, according to the district attorney’s office.

On the day of the crash, Nicholas Russell was on his way to meet his aunt and uncle for dinner at a restaurant. His car was hit before he was to turn left into the restaurant parking lot.

His aunt and uncle had followed their nephew’s ambulance to the hospital with the expectation that he would be OK.