Wednesday, October 28, 2009

Dad in "lengthy child custody case" kills son in automobile homicide case (St. George, Utah)

Dad BRANDON TODD ARDUINO reportedly carried out a "lengthy child custody case" with his ex-wife over their son. Dad says in reference to the custody case that "we" (meaning he and his ex-wife) were both "playing games" in the Vegas court system? Oh really? "We" were? Interesting coincidence that Mom is NOT on trial for automobile homicide. Only Dad is accused of DUI and posssesion of a control substance in an autombile accident that killed their 13-year-old son. Sounds like Dad has a long history of manipulating the court system in general--not just family court. Essentially the typical shenanigans you find with a manipulative alcoholic abuser.

http://www.thespectrum.com/article/20091028/NEWS01/910280339/Father+denied+bail+in+automobile+homicide+case

Father denied bail in automobile homicide case
BY KEVIN JENKINS • kevin@thespectrum.com • October 28, 2009

ST. GEORGE - Brandon Todd Arduino, 46, of Las Vegas appeared in 5th District Court to request a reduction of his bail Tuesday in an automobile homicide case that resulted in the death of his son Sept. 23.

Judge Eric Ludlow instead canceled Arduino's $100,000 cash-only bail and ordered him held without possibility of bail after hearing testimony regarding Arduino's failure to appear in court on previous occasions for another case, as well as testimony he threatened to kill himself or flee to avoid being jailed following the fatal accident.

"I think there is substantial evidence to support the felony charges," Ludlow said, acknowledging Arduino is considered innocent until proven guilty but citing the evidence as sufficient cause for revoking bail.

Arduino is charged with criminal negligence in driving under the influence of alcohol or drugs at the time of the accident that killed 13-year-old Brandon Christopher Arduino-Boggs. He is also charged with possession or use of a controlled substance.

Arduino was traveling south on Interstate 15 after appearing in Cedar City's district court on a charge of distribution of a controlled substance when he lost control of his 1996 Cadillac Eldorado and rolled near mile marker 25. His son was not wearing a seat belt and was partially ejected from the vehicle.

A preliminary hearing in the Cedar City distribution case is scheduled today.

Arduino's attorney, Reed Braithwaite, called Arduino to the witness stand Tuesday to testify why his bail should be reduced.

Ludlow reminded Braithwaite before he proceeded that Arduino could potentially be held without bail because he was free on bail in another criminal case at the time the new charges were filed.

Arduino testified that he was unable to pay $100,000 bail. He also testified that his Las Vegas home has been paid for in full and he owns land in Vernal and in Mohave County, Calif., worth about $50,000 to $65,000 and an unknown amount more than $50,000, respectively.

He also testified he owns a working 1937 Ford and a 1955 Chevrolet.

How come he can't make bail at $100,000 cash?" Ludlow asked.

Braithwaite responded that it is difficult to liquidate the properties during the current economic conditions and said Arduino doesn't pose a risk of fleeing from authorities.

"He does want to get this resolved. He doesn't want to run. He wants to hire an accident reconstructionist," Braithwaite said.

Washington County Attorney Eric Gentry asked Arduino about court records stating he had failed to appear numerous times for hearings in a prior case during 2005-06 and that he was found guilty in absentia after failing to appear for a jury trial because he had been in an auto accident.

"I don't remember the case," Arduino said. "That was over three years ago."
Arduino told Gentry he had always shown up in court when his attorneys had told him to do so.

"You don't remember the events of three years ago, but you do remember that you showed up every time your attorney called?" Gentry asked.

Gentry also pounced on a statement Arduino made while being questioned by Braithwaite about a lengthy child custody case with his ex-wife Melodie Boggs over their now-deceased son.

"You said you abused the court system in Vegas, in order to gain traction in your custody case," Gentry said. "So you were playing games?"

"It didn't seem that way at first," Arduino said. "We were playing games with each other."