Driver Sentenced For Plowing into Popular Laguna Niguel Dog-Walker

By PAUL ANDERSON

SAN CLEMENTE, CA - A San Clemente man was sentenced today to six years in prison for driving onto a Laguna Niguel sidewalk and fatally injuring a woman who was taking a morning stroll with her husband and dog on the Fourth of July in 2013.

Christopher James Gallo, 45, pleaded guilty on Feb. 2 to gross vehicular manslaughter in a plea deal offered by Orange County Superior Court Judge Kazuharu Makino.

Gallo was driving south on Golden Lantern Street when his Cadillac went up on the sidewalk and slammed into Luzanna Malec, 58, and her 62-year-old husband, Thomas, about 9 a.m. as they were walking their dog and their daughter's pet, Senior Deputy District Attorney Mark Birney said.

She was pronounced dead at the scene, while her husband suffered a traumatic brain injury and broken ribs. Initially, investigators suspected Gallo was high, but there was not enough evidence to prove it, Birney said.

Almost three months before the collision, Gallo was arrested on suspicion of driving under the influence and possession of drugs. He was arrested by the California Highway Patrol about 6 p.m. on April 15, 2013, after stopping his car on the shoulder of the San Diego (5) Freeway near Camino de Estrella in San Clemente, according to the District Attorney's Office.

Malec's family and a longtime neighbor told Makino how her death affected them.

Kathryn Malec said her mother "was the kind of person you wanted to be around because of her positive energy. She always strove to be the best version of herself."

Nearly 1,000 people attended her funeral.

"She could win anyone over," her daughter said. "It wasn't because she was particularly funny or charming. It was because she truly cared about you."

Another daughter, Maria Kovaleff, said her mother "was the core of our family and we continue to suffer."

Kovaleff choked up as she told the judge how she and her husband are expecting their first child in July and will not be able to share that joy with her mother.

"It's unimaginable to go through this first pregnancy without your mom," she said. "I just thank God my dad survived that accident because I don't know if I and my siblings would survive without both of our parents."

Kovaleff's husband, Alex, said he lost his mother to ovarian cancer when he was in high school and his mother-in-law filled that void.

"While I would never be able to replace my mom, Luzanna came close," he said.

The victim's son wondered how "such a horrible crime can be weighed so lightly" in terms of the defendant's punishment.

"In so many ways, we were all hit by that car that fateful morning," Chris Malec said.

Thomas Malec said he recalled walking the dogs, "but the next thing I remember is waking up in the emergency room."

He told a nurse to let his wife know that he felt OK. When a surgeon told him of his wife's death, "I had the most empty feeling in my stomach and it hasn't gone away," he said, noting they "did everything together."

His wife "was always about family. Sunday dinners were a big thing," he said, recalling that she talked him into getting a table to accommodate the extended family that was so large they needed to build an add-on to the house for it to fit.

The family's home looked "like a busy florist shop" after his wife's death, he said.

"It's because of who she was. She would try to catch everyone's eyes and say, 'How are you today?"'

Luzanna Malec had a variety of interests, her husband said. The aspiring actress played tennis professionally and was a teaching pro. She was also a college instructor, a financial planner, and started a custodial business for high-rise buildings.

The defendant did not make a statement, but as he was led away in handcuffs, he turned to the victim's relatives and said, "God bless your family."

City News Service