Motorist pleads not gulity to manslaughter

Nicholas LaGrotta, 23, pleaded not guilty to charges of gross vehicular manslaughter while intoxicated, DUI causing injury, driving with 0.08 percent blood alcohol level and causing injury in connection with the death of a woman jogger last month in Thousand Oaks.

During his arraignment, LaGrotta also denied two enhancement charges that would add three years to his prison sentence if he's convicted.

LaGrotta of Santa Rosa is accused of hitting 46-year-old Karey Marsh from Thousand Oaks with his black Subaru Forester at around 6:30 a.m. Aug. 26 as he was driving south on Lindero Canyon Road near Bowfield Street. Marsh was jogging in the bike lane.

Dep. District Attorney Rachelle Dean explained why LaGrotta was charged with both DUI causing injury and driving with a 0.08 percent blood alcohol level causing injury, two charges that sound similar.

The DUI charge means the accused may be suspected of having a mixture of alcohol and drugs in his body, pending further tests. The 0.08 charge means a test was run and that the suspect may have had a blood alcohol level that exceeded the legal limit, which is 0.08 percent. The crimes are felonies if the person had prior convictions with the same charges or if a death occurred.

"This was a death. There were no prior (DUI) charges," Dean said.

According to court records, LaGrotta had three speeding tickets in Ventura County.

The district attorney also said it's common practice to charge suspects with breaking both of the similar-sounding laws.

Marsh, an employee at Merrill Lynch for 15 years, was said to have exercised regularly and taken care of her health. Her shoes on the pavement led officers at the scene to suspect a pedestrian was involved in the accident. LaGrotta's car hit a tree, road signs and a utility box. Thermal imaging equipment was used to find Marsh, and firefighters had to cut through vegetation to get to her. She appeared to have been thrown about 30 feet.

The front of LaGrotta's car was badly damaged, officials said.

Marsh, who wasn't married and had no children, was pronounced dead at the scene.

"She died within seconds," said deputy medical examiner Shasta Gainer.

LaGrotta's next court appearance is scheduled for Oct. 14. He's in custody at the Main Jail in Ventura with bail set at $100,000.