As passersby and law enforcement officials rushed to the aid of the boy, Vladimir Wasjutin testified that he parked his own vehicle nearby and began to direct traffic around the grisly scene.
"I noticed at that moment cars coming right against us and almost running on top of us," Wasjutin said, adding the tire of one vehicle brushed the foot of a Santa Barbara Sheriff's deputy who was laying on the ground to check and comfort the boy.
Ernesto Botello in court this week. Photo by Barney McManigal / SBN
Ernest Botello, 24, is charged with misdemeanor vehicular manslaughter in the case before Superior Court Judge Clifford Anderson. If convicted, he could could face up to one year in County Jail.
At issue in this trial is whether Botello was blinded by the sun and, if so, whether careless driving caused the boy's death.
Asked by the defense if bright sun contributed to cars passing so close, Wasjutin replied "that is absolutely correct."
Deputy District Attorney Ali Neuffer alleges that Botello drove carelessly -- with a dirty, cracked windshield and a reclined seat while speeding to work late, low on gas.
Defense lawyer Neil Levinson contends Botello was not late and did nothing wrong in the Sept. 6 fatality on eastbound Calle Real near Highway 154.
On Wednesday, Wasjutin testified he never was contaced by law enforcement for a follow-up interview despite providing Sheriff's deputies with a statement at the scene. The Santa Barbara Police Department led the investigation.
Levinson has repeatedly attacked the accuracy of police reports and investigation strategies he described as flawed.
When asked by the defense lawyer whether he spoke to Botello at the scene, Wasjutin said he did: "I said to him, 'I saw the accident. Don't worry. I don't think it was your fault. You couldn't see the child.'"
The impact of Botello's Ford SUV knocked the boy out of his helmet and threw him head-first onto the pavement, according to investigators. Botello attempted to call 911 eight times but couldn't get through due to poor cell phone reception in the area, according to Levinson.
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.
The trial opened Tuesday, and family and friends of each the victim and the defendant have attended both days so far.
On Wednesday, construction worker Marvin Goodman painted a similar picture concerning the sunlight.
"It wasn't good conditions," he said.
Not sure at first what lay ahead in the roadway, Goodman said he slowed to 15 or 20 mph before parking to help. "The glare was in my eye."
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.
Under direct examination by Neuffer Wednesday, Deana McMillion, Botello's work supervisor, testified he was to arrive by 7:30 a.m. that day to his downtown job as a city zoning and planning adminitrative specialist.
The fatal collision occurred at 7:26 a.m., according to the Santa Barbara police.
Under cross examination by Levinson, however, McMillion further described a 15-minute grace period policy that made arrival by 7:45 a.m. acceptable.
Boysel family friend Edward Schroeder broke down on the stand as he recalled unexpectedly pedaling up to the scene while riding to work.
At first, "I didn't know that it was a child's body," Schroeder said.
But within moments, "I said, 'Hey, that's Jake.' I said, 'Hey, Jake.'"
"Did he respond?" Neuffer asked.
"No," Schroeder said. "I had to steady myself to identify if he was breathing or not."
Testimony in the case, expected to last through next week, is scheduled to resume today.
