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.