LOS ANGELES – A state appeals court panel on Wednesday upheld a former Palmdale resident’s second-degree murder conviction for leading deputies on a high-speed pursuit that ended in a crash that killed a toddler and seriously injured her mother in Lancaster.
The three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention that the trial judge erred by refusing to inform jurors in Marvin Travon Hicks‘ murder retrial that the defendant had been convicted of gross vehicular manslaughter by the first jury to hear the case against him.
The first panel convicted Hicks in April 2014 of one count each of gross vehicular manslaughter and DUI causing injury and two counts of evading, but deadlocked 11-1 in favor of guilt on the murder charge.
The second jury to hear the case against him convicted him in October 2014 of second-degree murder for the Dec. 6, 2012, death of 2-year-old Madison Faye Ruano.
In its 27-page ruling, the appellate court panel found the evidence of defendant’s guilt on the murder charge to be “overwhelming.”
“There was evidence that defendant knew driving while under the influence of alcohol or drugs was dangerous to human life, ingested PCP on the day of the incident, ‘made (the) decision’ to drive his vehicle, drove erratically, and collided with another vehicle killing a 2-year-old child,” the justices found.
They noted earlier in their ruling that Hicks had been required to participate in a program that focused on the dangers of driving under the influence of alcohol and drugs following his August 2001 DUI conviction.
The appellate court panel also rejected the defense’s claim that jurors should not have heard about the results of his blood test after the crash. The defense contended the blood draw was unconstitutional because it was not consensual and was done without a warrant.
Hicks led Los Angeles County sheriff’s deputies on a chase during the afternoon rush-hour, in which he ran five red lights and spun out at one point, according to Deputy District Attorney Craig Kleffman.
Hicks was believed to be driving at least 70 mph while heading west on Avenue I when he slammed his black Toyota into a blue Lexus at 10th Street West, killing the child and seriously injuring her mother, Tina Marie Ruano.
A number of area intersections were closed in an effort to rush the girl to Antelope Valley Hospital, with a trauma surgeon testifying that “it felt like forever” that emergency room personnel tried unsuccessfully to save her life, Kleffman said after the verdict.
Sheriff’s deputies ordered Hicks out of his car at gunpoint after the crash, according to the prosecutor.
At Hicks’ sentencing last year, the girl’s father said he was “robbed of getting to hold my little girl because there was a criminal act that had to do with her death.”
“We were robbed of Madison’s life and all the experiences we were going to have with her because of the actions of Marvin Hicks,” Mike Ruano said. “Please ensure that he won’t ever get out and do this to another family.”
Edward Brentlinger said that when a doctor told the family his granddaughter was dead, “I felt my heart being ripped apart and I collapsed to the ground. I am sure the agony my family felt was the same as many families who have had a small child unexpectedly killed. The tears flowed for hours that became days that became months that has become almost two years, and the time has been devastating to our family.”
The girl’s other grandfather, Michael Ruano, said, “Words can’t begin to convey the hurt, pain and loss my family and I felt the day Mr. Hicks’ actions ended my granddaughter Madison’s life and injured her mother, Tina. We continue to struggle with that senseless act and always will.”
Previous related stories:
Man gets 22 to life for death of toddler during police pursuit
Man found guilty in death of toddler during police pursuit
Man to be retried for murder of Lancaster toddler
Community bands together for Baby Madison memorial
Hicks charged with murder in crash that killed toddler
Memorial established for toddler killed in crash
Lancaster toddler killed by driver fleeing police
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J says
My comment was “Hope they put him away for life…instead of trying to get out of it, he should be apologizing for the rest of his life for what he did to that little girl and her family.” Why do I get comments like: sally
December 24, 2015 at 3:22 pm
“Ones like you need to be in a BIG MANS PRISON….hung by the balls until you. You take your last friggin breath” and “Flint
December 24, 2015 at 8:36 pm
Maybe you haven’t heard of the constitution which says no cruel and unusual punishment. You know there are lots of other countries you could move to, fascist.” and “Your facts are wrong! You are wrong! Find yourself another country where your kind of stupidity is tolerated. Oh wait, there are no other countries where you can shit talk and lie without getting locked up. So we are stuck with you! I hope you at least live in the AV. Hang out in the desert and maybe we will cross paths.”…????
: ( says
I cant believe this P.O.S! Appeal? Do the time, BASTARD! I saw the aftermath of what this idiot did. I heard the ambulances that rushed her and her mom to the ER. This is something that one will never forget, and unfortunately while this dumbass was too loaded to remember WTF he did; the rest of us will!
billy J says
perhaps u should blame the drugs and alcohol…. its so easy to blame the person… but if drugs and alcohol were not available then it would not have happened… where do you draw the line? Is it ok to flood society with a product that will cause you to lose control of your actions and then blame the person who used that product?? Seems to me it would be best if that product didn’t exist…..
Alex says
Uhh NO…he took this little angels life away she had her whole future ahead her parents were robbed of a child because he did this…drug and alcohol are a big part of it but it’s no excuse…regardless he is responsible for whatever crimes were committed while under the influence.
* says
Since when is a drug a product? Can you buy this type of drug from a store shelf? It is a substance. The person IS to blame. People know that drugs and alcohol impair judgment, yet this person/scum got in the car blew through several RED lights drove well BEYOND the speed limit and took this baby’s life.
Blaming the drug on it’s own is ignorant. The drug grew legs climbed into this persons mouth/nose/veins to be swallowed, inhaled, or injected?
A little life was taken prematurely and this p.o.s is to blame; end of story!
CB says
You will never be able to undo the evil selfish deed of taking an innocent child’s life whille you dwell among us. Rest assured, when you meet your maker you will.
R.I.P. baby girl…
Greg V says
Put that piece of [removed] in general population. As soon as the other monsters find out he’s in for killing a child they will murder him for sure.
Paula says
I think he got off easy I pray he suffers
Mary says
Burn in hell you bastard!
Sam says
Just another poor misunderstood thug.
J says
Hope they put him away for life…instead of trying to get out of it, he should be apologizing for the rest of his life for what he did to that little girl and her family.
sally says
Ones like you need to be in a BIG MANS PRISON….hung by the balls until you. You take your last friggin breath
Flint says
Maybe you haven’t heard of the constitution which says no cruel and unusual punishment. You know there are lots of other countries you could move to, fascist. If the police had done their job and not chased him which caused the accident, this would never have happened. It’s the police that are to blame but you boot lickers just ignore the facts. I recently had a nice conversation with a police officer who agreed that the police are thugs.
AVHome says
You are not in the right country kid. No one was chasing that crap when he killed that child. No one was chasing him when people were calling about him driving at overt 100mph on Sierra highway. The actual pursuit was only one minute. Then because of the speed the murderer was going it was unsafe for the COPs too. Your facts are wrong! You are wrong! Find yourself another country where your kind of stupidity is tolerated. Oh wait, there are no other countries where you can shit talk and lie without getting locked up. So we are stuck with you! I hope you at least live in the AV. Hang out in the desert and maybe we will cross paths. Then you can educate me on how the whole world is fascist.
PunishedSnake says
If the police hadnt chased him the crash would not have happened? WHAT? Are you sick? If he hadn’t broken the law and then ran, prompting the police to chase him, then the kid would still be alive. The cops were just doing their jobs.
Tim Scott says
Actually “doing their jobs” includes using judgement as to whether a high speed chase, with all the risks that entails, is justified under the circumstances.
Our local stations initiate far above the norms in terms of high speed chases, which is a bad thing, but is explainable given the huge amount of “open road” in their jurisdictions. They also have a very high percentage of pursuits they abandon on their own judgement, indicating that when the pursuit leaves the relatively safe open road area they recognize the increased risks.
With all the things I condemn them for, I have to say that their behavior regarding high speed chases is not perfect, but not clearly worse than average and probably as good or better. It’s unfortunate that it ended so badly in this case.
nizzy says
Ummm no this piece of kaka is not the victim he made a stupid choice and it ended bad dont blame the police he needs to suffer the consequences he should be put away for good we dont need trash out here noone has sympathy for his low life he is a scum.
CL tims says
That wasn’t a police officer you had a conversation with. That was your imagination. Your facts are wrong! You are wrong! The murderer was driving over 100mph before any COPs arrived. The pursuit lasted seconds and was terminated due to the speed. No one was chasing the murderer at the time he killed that little angel. Believe your lies. The intelligent have the truth because we researched the facts.
Dave says
Do your homework before stating gibberish, the guy was running red lights and driving over 100 mph from Palmdale to Lancaster and there were several witnesses who testified in court about that… The pursuit lasted less than 10 seconds and the cops were not responsible for his crash… He was high on several drugs and drunk. Apparently it’s not us ignoring the facts…
Tim Scott says
Flint’s gibberish was an attempt at parody, though it was so poorly done that it’s no surprise people didn’t notice.
Flint hasn’t been around in a while, but this kind of nonsense fits in with their usual behavior. Best to ignore them, unless you enjoy making fun of them. Pretty much every time they post they offer a good chance for that.
Just a bystander that day says
We were on our way to school that evening when suddenly this car comes flying up behind us on Sierra Hwy. We thought it was going to slam into us when it veered off to the left and barreled past us in the center lane, just missing a car that was turning, then went to the right-all the time at an incredibly high rate of speed. We did not see any cops at all until he was long gone. We were on our way to UAV. Cops finally cruised past as we were turning into the school parking lot, so they were a great distance behind the guy at the time. He was just driving fast and crazy. After class we heard the terrible news that a child had been killed by him. The cops were not following him or chasing him until the very last moments just before the impact. We were witness to that fact. Just thought I would share that information. Prayers to the family.