Update: Motorist accused of killing Mission Beach activist while driving intoxicated must stand trial

MISSION BEACH (KUSI) — Thursday —  A motorist accused of driving under the influence of alcohol and drugs and running down a community activist removing graffiti in Mission Beach must stand trial on gross vehicular manslaughter while intoxicated and felony hit-and-run charges, a judge ruled Thursday.

Jonathan Domingo Garcia, 23, is accused in the Feb. 12 death of 69-year- old Maruta Gardner.

Following a two-day preliminary hearing, Judge David Rubin found that enough evidence was presented for Garcia to proceed to trial. He faces 15 years in prison if convicted.

According to court testimony, Garcia was fleeing from another motorist he had rear-ended around dusk at North Jetty Road and Mission Boulevard when he stopped at a stop sign, then accelerated, hitting Gardner near the curb.

Gardner’s husband said his wife was putting her Kindle in the basket of her tricycle — which was parked in the road — when she was struck.

Garcia allegedly drove off and pulled into a parking lot, then drove back past the crash scene, according to court testimony. A police officer followed Garcia and pulled him over.

About three hours before the crash, Garcia and a friend were seen slashing tires on cars a few blocks away, according to testimony.

A detective testified that Garcia admitted drinking beers and smoking marijuana that day.

Garcia’s blood-alcohol content was measured at .079 percent after the accident, and marijuana and depressants were also in his system, said Deputy District Attorney Steven Schott.

Garcia — held on $550,000 bail — will be back in court June 15 for a readiness conference. Trial was set for Sept. 9.

Gardner, a former principal at Mission Bay High School, was honored by the San Diego City Council last year, which declared Nov. 3 "Maruta Gardner Day.”

2/24/2016 — A motorist accused of killing a 68-year-old community activist removing graffiti in Mission Beach pleaded not guilty Thursday to eight charges, including gross vehicular manslaughter while intoxicated and felony hit-and-run.

Jonathan Domingo Garcia, 23, is accused of causing Friday’s crash, in which Maruta Gardner was fatally injured.

Deputy District Attorney Steven Schott told Judge Jay Bloom that at about 3 p.m. Friday — three hours before the crash — Garcia and a friend were seen slashing tires on cars.

About three hours later, the car Garcia was driving rear-ended a Ford Mustang, and he failed to stop, the prosecutor said.

The driver of the Mustang pulled in front of Garcia’s Toyota Corolla, authorities said. Garcia then made an illegal right turn in a 15-mph zone, and struck the victim, who was on the road’s shoulder, Schott said. Gardner died the next day.

Garcia drove away but stopped at some point to check the damage on his car, authorities said. He then drove away again, and his vehicle clipped another car before he was stopped by police, the prosecutor told the judge.

Three hours after the accident, Garcia’s blood-alcohol level was measured at .06 percent, Schott said. Alcohol, marijuana and depressants were found in the defendant’s system.

When advised that the victim was near death, Garcia showed no emotion, according to the prosecutor.

Bloom said Garcia was an "extreme danger” and a flight risk and set bail at $550,000.

1:52 a.m. – Arraignment is scheduled Thursday for a motorist accused of being under the influence of alcohol or drugs when he got into a road rage incident in Mission Beach that ended with him fatally striking a 69-year-old community activist who was cleaning up graffiti.

Jonathan Domingo Garcia, 23, is accused in the death last Friday night of Maruta Gardner. Garcia was driving a black Toyota Corolla when he and a motorist driving a white Ford Mustang became involved in a case of road rage about 5:45 p.m., said San Diego police Officer Robert Helms.

Helms said Garcia sped to the right of the Mustang, drove along the road shoulder, and struck the victim at the entrance to the jetty at 800 San Diego Place. Garcia fled but was stopped nearby by officers, Helms said.

Gardner, a former principal at Mission Bay High School, was honored by the San Diego City Council last year, which declared Nov. 3 "Maruta Gardner Day.”

2/12/2016 — The Mission Beach Womens Club announced Saturday the death of community activist Maruta Gardner. 

Gardner was struck late Friday night in Mission Beach while painting over graffiti around the community.

The driver, a 23-year-old male, was taken into police custody on suspicion of driving under the influence of drugs or alcohol. 

According to San Diego Community News, Gardner was known as the "graffiti eradicator" in Mission and Pacific beaches. Working with the Mission Beach Town Council and the San Diego Police Department, Gardner rode around on her tricycle, painting over any grafitti she found.

She took pictures and documented every tag she found, sending them to the police who would track them on a computer file, according to San Diego Community News.

2/11/2016 — A well-known community activist was hit by a suspected drunk driver Friday night in the 600 block of San Diego Place.

According to Sgt. Leonard Flake of San Diego Police, a black Toyota Corolla driven by a 23-year-old male suspect was involved in a road rage incident with a driver of a white Ford Mustang. The driver of the mustang is unknown. The suspect sped to the right of the mustang, driving along the shoulder when he struck the victim, a 69-year-old female who was identified as Maruta Gardner.

Gardner was painting over grafitti when she was struck by a vehicle.

According to witnesses, the suspected driver got out of his vehicle, inspected the damage to his car and the injured woman and then got back in his car and drove away.

Those same witnesses flagged down a police officer in the area and directed them to where the driver had driven away.

According to San Diego Community News, Gardner is known as the "graffiti eradicator" in Mission and Pacific beaches. Working with the Mission Beach Town Council and the San Diego Police Department, Gardner rides around on her tricycle, painting over any grafitti she comes across.

She takes pictures and documents every tag she finds, sending them to the police who track them on a computer file, according to San Diego Community News.

Gardner was transferred to Scripps La Jolla with life-threatening injuries, including significant head trauma.