Herwig pleads not guilty

Paul M. Anderson

SAN FERNANDO -- The La Crescenta man charged in connection with an

alleged drunken driving accident that killed two of his friends pleaded

not guilty Tuesday.

Mark Herwig, 24, was so overcome with grief that he told his attorney,

Richard Helphand, that a guilty plea would have been more appropriate.

“He was having problems with a plea of not guilty because he feels he

should plead guilty,” Helphand said.

Herwig is charged with vehicular manslaughter. He was intoxicated when

he lost control of his 1988 Mustang in October, resulting in a crash that

killed La Crescenta residents Christopher Jagoe, 23 and Allison Jagoe,

21, authorities said.

Herwig’s family says he suffered brain damage in the accident and that

he still has no recall of the incident, Helphand said. But he is aware of

his involvment.

Herwig and the Jagoes were close friends.

Herwig’s father, Frank, said his son’s mental and physical health have

improved since the accident. Herwig also suffered a broken neck and back

in the crash.

“He’s improving, but he still gets stuck sometimes,” Frank Herwig

said.

Because his health is improving, Helphand said he has no plans to seek

a court hearing to determine Herwig’s mental fitness for trial.

Herwig is out of jail on electronic monitoring, but a probation

officer recently allowed him to start working at his uncle’s truck yard

on weekends, Helphand said.

Under a previous court order, Herwig was only allowed to go to his

doctors and to court.

That did not sit well with Assistant Dist. Atty. Dave Jacobs, who said

he was not aware of the new electronic monitoring arrangement.

“I would have had an objection if that was brought to my attention,”

Jacobs said. “I think that should be a pretty tight leash. He should only

be able to go to his doctors and court hearings. Outside of that, you

have to understand the allegations against him. He’s responsible for two

young people being dead and we take that very seriously.”

The last time Herwig’s case was called, the District Attorney’s office

wasn’t even represented. Los Angeles County Commissioner Richard L. Brand

called the case when prosecutors weren’t there.

At the Dec. 28 hearing in San Fernando Superior Court, Herwig seemed

confused about the proceedings and Helphand asked for the arraignment to

be continued until Tuesday so he could discuss his client’s mental health

with his psychologist.

Jacobs recently received the case but said he has spoken with the

investigator who presented the charges. Detectives on the case have told

Jacobs Herwig suffered brain damage but he said he won’t know for sure

until he reviews the medical files.

Officials at the hospitals where Herwig was treated have refused to

discuss his medical condition.

Herwig is due back in court Feb. 9 when a preliminary hearing date

will be set. The hearing will likely take place two weeks after Feb. 9,

Jacobs said.