Judge orders trial in Tesla autopilot manslaughter case

(CN) — The case against Kevin Riad, believed to be the first driver to face manslaughter charges over a crash while using Tesla’s “Autopilot” self-driving feature, can proceed to trial, a judge ruled Thursday after a two-hour preliminary hearing.

Riad faces manslaughter and gross negligence charges over a 2019 crash that killed two people. He has pleaded not guilty to both charges and declined to comment Thursday.

Gilberto Lopez, 40, and Maria Nieves, 39, were on their first date on Dec. 29, 2019, sometime after 12:30 a.m. according to prosecutor Brandy Chase. Lopez was driving a black Honda Civic; Nieves was in the passenger seat. As Lopez was turning left at a turn light, Riad’s gray Model S Tesla smashed into them, killing them both. Riad and the passenger in his vehicle were taken to the hospital but were not seriously injured.

At the preliminary hearing, in which a judge decides whether or not there is probable cause for a case to proceed to trial, Tesla engineer Eloy Rubio-Blanco testified that Riad had engaged the car’s “Autopilot” function about 20 minutes before the crash. The feature is akin to a sophisticated version of cruise control. The car will maintain a certain speed, set by the driver, unless it detects a car in front of it; when it does, it slows down to match the speed of that car, following at a distance set by the Tesla’s driver. It also automatically steers the car to stay in the center of the lane. Drivers using the Autopilot mode are given a series of warnings, by the car, if their hands ever leave the steering wheel.

Rubio-Blanco, who examined diagnostic data in Riad’s car after the crash, told the court that Riad’s hands had been on the car’s steering wheel, which means he was not warned. Riad had initially set his car’s speed to 77 mph; he then set it to 78 mph, and then finally changed the speed to 75 mph. At the time of the crash, the car was going approximately 74 mph.

Riad was driving on the 91 freeway, heading west into Gardena. The freeway empties out into Artesia Boulevard at Vermont, but Riad, seemingly unaware of that transition, did not appear to react — and neither did his Tesla. Rubio-Blanco said there was no indication Riad hit the brakes or turned the steering wheel, even as his car hurtled into Lopez’s vehicle.

Police officer Melissa Podany testified she had viewed security camera footage from a gas station showing the intersection and said it showed three cars turning left from Vermont in order to get on the 91 freeway heading east. The fourth car, she said, was Lopez’s Honda Civic.

There was no direct evidence that Riad’s car ran a red light. But Podany cited a witness she spoke with that said the light was in fact red.

“When you’re behind the wheel of a car, it is incumbent upon you to pay attention,” said Chase. Referring to Riad, she said, “He didn’t brake. He did nothing. He clearly had a reckless disregard for people on the road that day.”

Riad’s attorney Arthur Barens called no witnesses. He argued that Riad’s actions — driving 74 mph on a surface street — did not rise to “gross negligence” and should not be considered a felony. Were it not for the crash, he said, “we all know they would give him a ticket.” He noted the lack of evidence Riad ran a red light, and said the gas station video footage given to him to view was actually Podany’s body camera footage — essentially a video of a video — and far to blurry to discern anything meaningful about the nature of the collision. He also pointed out that toxicology results showed that Riad had not been drinking or taking drugs that night.

“The outcome in this case is dreadful,” he said. But the question. he said, is “what do we do with this young man,” adding: “I don’t agree that the evidence shows a felony took place.”

Judge Teresa Magno said she thought there was enough evidence to go forward with the case, and ordered Riad to be arraigned in June. After the proceedings, she asked Chase if she had made an “offer” to Riad — meaning a plea agreement offer. Chase said they “hadn’t gotten that far yet.”

The families of both victims have filed separate lawsuits against Riad and Tesla in Los Angeles County Superior Court. According to one of the complaints, Riad had been cited at least six times for moving violations in the three years before the crash.

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