Posted on Wed, Sep. 08, 2010

The 22-year-old woman who is accused of causing the car crash that killed a CHP officer in June near Paso Robles now faces a charge of second-degree murder.

Prosecutors toughened the allegations Tuesday against Kaylee Ann Weisenberg, who is allegedly responsible for the crash that killed Officer Brett Oswald.

Blood and urine tests revealed that Weisenberg was driving with a “high level of methamphetamine” when her vehicle struck Oswald’s patrol car on South River Road near Spanish Camp Road, according to authorities.

Weisenberg pleaded not guilty in July to a felony vehicular manslaughter charge and driving with a suspended license — the charges that had been filed against her before authorities had test results.

Deputy District Attorney Lee Cunningham now alleges four crimes committed by Weisenberg: second-degree murder, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol or drugs causing injury, and driving with a suspended license.

She showed an “implied malice” which justifies the second-degree murder charge, Cunningham wrote.

Weisenberg remained in County Jail on Tuesday.

Her attorney, Jere Sullivan, was not available late Tuesday for comment.

Oswald, 47, was waiting for a tow truck to haul an abandoned vehicle on South River Road near Spanish Camp Road when Weisenberg turned a corner and lost control of her vehicle just after 6:30 p.m. June 27, according to the CHP.

The left front end of Weisenberg’s car, a copper-colored Toyota Corolla, hit the left front of the officer’s vehicle, and the CHP car then was pushed into Oswald, authorities allege.

Cunningham wrote in the amended criminal complaint that Weisenberg’s estimated speed at the time of the crash was 78 mph and cited a pattern of reckless driving in the past.

“(Weisenberg’s driving) history includes five prior, separate, traffic collisions, two of which involved injury to others; nine additional, separate incidents of Vehicle Code citations,” Cunningham wrote.

The speed limit on the road is 55 mph.

Weisenberg’s first attorney, Ken Cirisan, said his client was traveling 60 mph when the crash occurred.