Politics & Government

Murder Trial: Truck Driver Failed to Use Mountain or Park to Stop Speeding Big Rig, He Said

Deputy District Attorney Carolina Lugo peppered Marcos Costa with questions about why he waited until Foothill Boulevard - where two people died - to veer his 25-ton vehicle.

The truck driver whose out-of-control big rig killed two people didn’t try to slow his 25-ton vehicle by using the side of the mountain, a park or trees, as he barreled toward Foothill Boulevard, he testified Wednesday.

Deputy District Attorney Carolina Lugo hammered Marcos Costa under cross examination about why he failed to try any other means other than pumping unresponsive brakes to stop his 18-wheel vehicle from speeding down Angeles Crest Highway on Apr. 1, 2009.

“That wasn’t working, right? The road’s curvy, you’re pumping, it’s not working and there’s no turnout – why not use the mountain’’ to stop the speeding truck, Lugo asked.

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“I was hoping there would be another turnout or an emergency exit for trucks,’’ Costa said, through a Portuguese translator.

Back then, there was neither. Now there is a runaway truck pit and several signs alerting drivers to that pit. And shortly after Costa's accident, the state prohibited trucks heavier than 4.5 tons from driving on Angeles Crest Highway.

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The Brazilian-born Costa, 46, is charged with second-degree murder, felony reckless driving and vehicular manslaughter from the accident that killed Palmdale residents Angel Posca, 58, and his 12-year-old daughter, Angelina. The Poscas’ Ford was turning onto the Crest from the 210 Freeway when Costa’s truck plowed into their sedan, instantly killing them. The truck sped on to smash several other cars before bulldozing into the former .

Pointing at the defendant, who’s been on the witness stand since Thursday, Lugo asked if, driving a car-carrying big rig, with a view higher than an SUV, Costa could tell he had been descending a mountain. And when he realized his brakes were shot, roughly a mile north of Foothill Boulevard, did he pull the emergency brake or throw the gear into reverse to try and decelerate?

To audible gasps of victims’ family in the courtroom, Costa said he shifted the automatic big rig into neutral gear in hopes of  “accelerating’’ enough to replenish air in the compressor and thereby reignite the brakes.

“On a downgrade?’’ Lugo asked in a tone that indicated disbelief.

“It was stuck in neutral and it didn’t work,’’ Costa said, adding that he was “desperate,’’ an adjective he used more than 10 times within 30 minutes of testimony.

The Route

Costa and his co-driver Jose Soares, drove from Littlerock, CA, outside of Palmdale, onto Angeles Forest Highway on Apr. 1, 2009, attempting to reach Anaheim. They followed the GPS-suggested route that took them through the Angeles National Forest, but it did not point out they would traverse winding, mountainous roads, both men's earlier testimony revealed.

An off-duty firefighter, Juan Palomino, stopped the rig on Angeles Forest Highway and told them the rig was too large to fit through an upcoming tunnel. Palomino testified he saw smoke billowing from the truck and drew a map for the men, neither of whom speak English fluently. Palomino told the men he, personally, would turn around. He did not, however, forbid them from going forward, testimony revealed.

Costa threw water on the brakes, the men avoided the tunnel, Costa climbed into the driver’s seat, and inches south of the snowgate closest to La Cañada Fintridge, the brakes on his big rig failed.

Costa’s Safety First?

Lugo asked several times if, realizing the truck was racing uncontrollably downhill, he tried to swerve from the Crest’s straightaway. Costa testified that there were vehicles and pedestrians on his right, and oncoming traffic in the northbound lanes. He tried “desperately’’ to turn the wheel once he connected to Foothill Boulevard, he said.

Lugo continued.

Intimating that Costa put his safety above all others, and waited to veer his truck until it meant he would crash into a building, Lugo asked why he finally turned the wheel at Foothill Boulevard.

“Instinct,’’ Costa said, pointing out vehicles must turn left or right at Foothill Boulevard.

And why not try for the driveway between the bookstore and

“I didn’t see it.’’

The trial continues Thursday. Please check back to LCF Patch for further coverage.


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