At issue in this trial is whether the motorist was indeed blinded by the sun and, if so, whether he should have taken furtive measures. In other words, whether carelessness caused the boy's death.
The case has captured the interest of not only bicyclists and parents of children who pedal to school, but also of motorists who frequently find themselves peering into bright sunlight during early morning and late afternoon east- and west-bound commutes.
Jake rode in the bike lane along Calle Real, near the intersection of Highway 154, on the morning of Sept. 6 when he was struck from behind, authorities say.
The impact of Botello's Ford SUV was so strong it knocked the boy out of his helmet and threw him head-first onto the pavement, according to investigators.
Jake, who was in his first week of seventh grade at La Colina Junior High, never regained consciousness and was later pronounced dead at Cottage Hospital.
If convicted, Botello could be sentenced to up to a year in County Jail. Photo by Tom Schultz / SBN
"What you won't hear in this case is that Jake was doing anything wrong," Deputy District Attorney Ali Neuffer told jurors Tuesday.
On the other hand, she said, Botello, his seat reclined, was hampered by an "absurd" 7-inch field of vision while attempting an unsafe lane change across the cycling lane Jake occupied.
The day of the fatal collision, Jake woke up and fed his pet lizards and had some cereal. At 7 a.m., his parents left for work, Neuffer said. "That was the last time they would ever see their son as a healthy, vibrant child."
Botello had just left a nearby trailer park where he lived and was headed downtown to work when he hit the boy.
Botello was not late, Levinson said, also noting he was not under the influence of drugs or alcohol and not talking on a cell phone.
After the collision, Botello attempted to call 911 eight times but couldn't get through due to poor cell phone reception in the area, Levinson said.
Jake's mangled Trek mountain bike was admitted Tuesday into evidence, along with other items including a photo of his red backpack pinned to the grill of the SUV, and a bloody picture of the boy sprawled on the asphalt.
Levinson attacked the accuracy of police reports and investigation strategies he described as flawed.
The investigation "was not done to find out what really happened," he said. "The investigation does not prove in any way that Ernesto Botello is guilty."
In particular, Levinson said authorities never followed through on a pledge to re-create the collision in sunlight, and failed for months to contact an eyewitness who called 911.
Moreover, Levinson said a CHP report was not given to the District Attorney's office until a couple weeks ago, and a diagram of the scene was not completed by investigators until two days before the trial started.
The first prosecution witness called was retired Senior Sgt. James Drinkwater, who said he still works as an "extra-help deputy" for his former employer, the Santa Barbara Sheriff's Department. Drinkwater was not a key player in the investigation; he was off duty on his way to work as a Superior Court baliff when he happened upon the collision scene.
Fighting back tears at times during his testimony, Drinkwater said he first thought the crumpled bike in the road had fallen from Botello's SUV.
But then he saw Jake, whose eyes were closed. He testified that he laid down next to the boy, and realized he was taking shallow breaths.
"He was twisted," Drinkwater said. "The position of his body, I knew it wasn't good.
"The bicycle came apart in my hands," he said.
Later came the testimony of Carla Billings, who said she witnessed the accident from her vehicle in the oncoming traffic lane.
Billings described Botello's SUV as traveling "close" to Jake and his bike before the collision, and said it appeared as though the defendant was not changing lanes but instead partially driving in the bike lane.
She tearfully described Jake, his helmet, his bike and his shoes flying in different directions upon impact.
On the stand, she refuted statements attributed to her in a Santa Barbara Police report prepared after the collision.
The report apparently says Botello told Billings shortly after the accident that he didn't see the boy due to sun in his eyes, but Billings testified Tuesday that she did not utter the sun part.
She also testified that she never told investigators that she saw sun glaring from the windshield of the SUV, as was stated in the police report.
The sun instead glared off the right side of the vehicle's grill, she said. Billings took cell phone photos at the scene, which were admitted into evidence, that show the angle of the sun in relation to the roadway and Botello's vehicle.
In addition to several public memorials, the death of Jake touched off debates on traffic safety, bicycling and even the renewal of Measure D, the sales tax for transportation projects.
A large picture of the popular student, along with flowers, stuffed animals and personal notes, still hangs along the chain-linked fence next to the spot where he was killed.
Cycling enthusiasts are watching the case, and stressing caution.
"I could have been there," said Ralph Fertig, president of the Santa Barbara Bicycle Coalition.
Fertig sat through the morning and afternoon testimony Tuesday.
"Jake was doing everything right," Fertig said, expressing dismay that other students may not, or no longer can ride to school as a result of the collision. "It's so sobering."
