The California Supreme Court refused Wednesday to review the case of an ex-convict who was found guilty of second-degree murder for fleeing from police in a stolen van and striking an SUV, killing a local dog walker and five of the six canines she was transporting in Long Beach.
Javier Olivarez Jr., now 50, was convicted of the May 7, 2019, death of Jessica Bingaman, whose black Ford Escape was struck at the intersection of Third Street and Temple Avenue.
Bingaman, a 41-year-old single mother from Long Beach who operated a local dog walking and dog training business, died from blunt torso trauma that day at a local hospital.
Along with the murder charge, Olivarez was found guilty of six counts of animal cruelty and one count each of evading a police officer causing death and driving or taking a vehicle without consent.
Four of the dogs in the vehicle with Bingaman — Indy, Toots, Scout and Maggie Moo — died at the scene, with a fifth, Sasha, dying after being rushed to a local pet hospital. The sixth dog, Bella, was seriously injured but survived, Deputy District Attorney Karen Brako told jurors during the trial.
Olivarez apologized to the victim’s family during his October 2023 sentencing, saying that he was “lost in drugs” at the time and wouldn’t have fled if he were in his right state of mind. He said then that it hurts him that he has put the victim’s family through so much pain.
He is serving a 49-years-to-life state prison term.
In a ruling last November, a three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that Los Angeles County Superior Court Judge Richard Goul erred in refusing to instruct jurors in Olivarez’s trial on gross vehicular manslaughter and gross vehicular manslaughter while intoxicated.
The defense also unsuccessfully challenged Olivarez’s sentence in its appeal.
At the sentencing hearing, Olivarez’s trial attorney, Efren Navar, told the judge that Olivarez had “no intention of hurting or killing anybody,” saying that his client’s drug addiction began after his children’s mother took their kids out of his life.
The judge called the case “highly disturbing” before imposing the sentence, noting that the defendant made a series of choices, including engaging in a high-speed chase and continuing to travel at high speed even after a Long Beach police officer abandoned the pursuit.
Police said shortly after the crash that Bingaman was driving northbound in a black 2013 Ford Escape on Temple Avenue after stopping at a stop sign on Third Street when her compact crossover SUV was struck by the van, which was heading eastbound on Third Street and failed to stop at a stop sign. Four other vehicles parked along the street were also struck.
Data from the van’s black box showed that the stolen van was traveling at 71 mph just five seconds before the crash and then at 68 mph one second before the collision in an area with a 25 mph speed limit, and a blood test subsequently performed on Olivarez confirmed the presence of methamphetamine and amphetamine in his blood, according to the prosecutor.
The prosecutor said the defendant was “hell-bent on not going back to jail” and caused the deaths of “six innocent souls.”
Olivarez’s attorney told jurors in his opening statement that what happened was a “tragic accident.” Navar said jurors would have to determine whether what happened was a murder, adding that he wanted them to acquit his client of the murder charge.
Olivarez — whom authorities said had a criminal record dating back to 2002 — was arrested the day of the crash and has remained behind bars since then. He was initially charged with vehicular manslaughter with gross negligence involving Bingaman’s death, with the murder charge subsequently replacing that count.
Bingaman, who was survived by her then-10-year-old daughter, was a familiar sight in the community, where she walked dogs — sometimes about a half-dozen at a time — for clients. More than 100 people turned out for a candlelight vigil in her honor the day after she was killed.
Bingaman’s mother, who is now raising her teenage granddaughter, said she didn’t feel that Olivarez was truly remorseful.
“He was doing it to put it on a show,” the victim’s mother, Don-Ann Lawson, told reporters after the sentencing.
She said she hopes that Olivarez spends the rest of his life behind bars.
“I don’t ever want to have him out in society again to do this to anyone else,” Lawson said.
Ann Hovatter, who owned the 3-year-old German shepherd named Scout, said in 2023 that she has gotten a tattoo with footprints and paw prints to honor Bingaman and the five dogs who died that day.
“It was incomprehensible,” Hovatter said of the crash.