An Orange County Superior Court judge Thursday tossed a hit-and-run vehicular manslaughter case in Anaheim when prosecutors were unable to proceed without a witness.
Orange County Superior Court Judge Larry Yellin dismissed the case against Keri Lynn Mcgillivray, 44, when prosecutors said a police officer who worked the case was unavailable for medical reasons.
“The court dismissed the case because the District Attorney was not prepared for trial and we were,” defense attorney Michael Khouri said. “And the particular prosecutor on the case violated a court order.”
District Attorney’s Office spokeswoman Kimberly Edds said prosecutors could not comment on the case.
Mcgillivray’s ex-husband, Jonathan Mcgillivray, pled guilty Dec. 2 to being an accessory after the fact. As part of his plea deal, a hit-and-run count with death was dismissed and he was sentenced to two years of formal probation.
The crash happened just before 6:30 p.m. Aug. 23, 2020, on the Eastern Transportation Corridor (241) toll road in Anaheim in the northbound lanes just north of Santiago Canyon Road.
Michelle Malahoff-Stanford, who was 52, was killed in the crash.
Deputy District Attorney Craig Williams said in his motion to postpone the trial that an officer who worked on the case had recently given birth and because of complications that “compromised vital organs in her body” she was unavailable to testify.
Prosecutors served her with a subpoena but she rejected it and said she could not testify this month, Williams said. The prosecutor sought a new trial date of June 29 when it was expected the officer would be back to work.
Prosecutors alleged Mcgillivray “aggressively turned her Ford Flex from the far-left lane into the Nissan Versa that was driving in the lane directly to MsMcgillivray’s left and slightly ahead.”
A moment later, Mcgillivray crashed into the back driver’s side bumper of a Toyota Sequoia in the far right lane. Stanford was behind the wheel of the Sequoia and her husband, 12-year-old son and 8-year-old daughter were passengers.
Prosecutors alleged Mcgillivray was attempting to pass the Nissan Versa when the two vehicles collided, injuring the Nissan’s driver, Nicol Martin, prosecutors said.
Mcgillivray kept going slowly on the right shoulder about 700 feet before stopping near an emergency call box, prosecutors said. The Mcgillivrays did not call police and after several minutes drove away, prosecutors alleged.
The Mcgillivrays did go to the California Highway Patrol’s office in Santa Ana to report the crash when instructed to do so by their insurance company, prosecutors said.
CHP investigators alleged the couple had been drinking in Newport Beach earlier that day, prosecutors said.
Khouri said in court papers that prosecutors previously asked for a continuance in the case for the same reason and it was granted over his objections. He said prosecutors “repeatedly assured” the officer would be available on May 4, Khouri said.
“Defense counsel believes the witness is neither ill or unable to come to court,” Khouri said. “The witness is on extended pregnancy leave, is perfectly healthy and able to come to court.”
Keri Mcgillvray requested a restraining order against Jonathan Mcgillivray in 2023 and alleged he had “a problem with alcohol and substance abuse for many years.”
The two divorced and reached a settlement on custody last year, according to court records.