Post-Arrest, Pre-Admonishment Silence as Evidence of Guilt

Post-Arrest, Pre-Admonishment Silence as Evidence of Guilt

Robert C. Phillips
DDA (Ret.)
September, 2014

Richard Tom and his long-time friend, retired San Francisco police officer Peter Gamino, were enjoying a steak dinner at Tom’s Richmond home, washed down by a number of Vodka tonics, when Tom asked Gamino if he would help him pick up a car at his son’s nearby home.  Per Gamino, Tom did not appear to be intoxicated although he admitted that they had some difficulty finding his son’s house.  On the return trip home, with Tom driving his Mercedes E320 and Gamino following him in his son’s Toyota Camry, Gamino had some difficulty keeping up. 

At the same time, shortly before 8:20 p.m., Loraine Wong was stopped at a stop sign at the intersection of Santa Clara Avenue and Woodside in Redwood City with her two daughters, Sydney, age 8, and Kendall, age10, in her Nissan Maxima.  Inching forward with her lights and blinkers on, and not seeing any cross traffic, Wong proceeded into the intersection intending to make a left turn onto Woodside.  Tom’s Mercedes, however, was speedily approaching at the same time. With no indication that he attempted to brake at all, Tom broadsided the left-rear corner panel and rear passenger door of Wong’s Nissan, hitting it hard enough to put her into a 360 degree spin.  Woodside is posted as a 35 mile-per-hour speed zone at that location.  It was later estimated that Tom was traveling between 49 to 67 miles per hour, depending upon whose expert you believe. 

Young Sydney died shortly thereafter at a nearby hospital.  Kendall sustained serious injuries.  Tom complained of a sore ankle but refused medical treatment, asking only that he be allowed to walk to his nearby home.  With that request being denied, he grudgingly agreed to accompany officers to the police station, and then to a hospital, for the purpose of voluntarily providing a blood sample, collection of such a sample being the policy of the Redwood City Police Department in any serious injury accident. 

While at the hospital, however, officers noticed for the first time that Tom had an odor ....

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