A Los Angeles judge has ruled that jurors will be allowed to hear statements Fraser Bohm made to police in the aftermath of the 2023 Malibu crash that killed four Pepperdine University students.
Los Angeles Superior Court Judge Thomas Rubinson rejected two defense motions seeking to exclude Bohm’s roadside statements, finding that although the 24-year-old was detained at the scene, he was not in police custody for the purposes of Miranda protections.
The judge also determined that the statements were voluntary, rejecting the defense argument that Bohm’s condition following the crash prevented him from knowingly responding to investigators.
Defense Argued Bohm Was Effectively in Custody
Bohm’s attorneys had argued that deputies questioned their client for hours about the circumstances surrounding the crash without first reading him his Miranda rights.
Among the subjects raised by police were his speed, whether he had consumed alcohol or drugs and whether he had been using his phone shortly before the collision.
Defense attorney Jacqueline Sparagna argued that the questioning amounted to custodial interrogation because Bohm was surrounded by a large number of deputies, was restrained at the scene and was allegedly told he could be arrested if he did not cooperate.
She pointed out that Bohm was not given his Miranda warning until roughly six hours after the crash.
According to the defense, the questions were designed to obtain potentially incriminating answers while Bohm was already being treated as a suspect.
Lawyers Point to Head Injury
The defense separately challenged the admissibility of Bohm’s answers on the grounds that he had suffered a concussion in the collision.
Sparagna told the court that Bohm was disoriented and in shock when officers questioned him.
She said psychiatrists and neurologists who examined him in the days following the crash diagnosed him with a concussion and claimed he remained unable to speak coherently for months.
Prosecutors disputed that account, arguing that observations made by deputies and paramedics at the scene indicated that Bohm understood what was happening and was capable of responding appropriately to questions.
Judge Says Bohm Understood Police Questions
Rubinson ultimately rejected the defense’s arguments.
The judge acknowledged that Bohm had been detained at the crash scene but said detention did not automatically amount to Miranda custody.
He also noted that Bohm had not been arrested or handcuffed at the scene.
Rubinson said deputies were entitled to ask questions given the extraordinary circumstances surrounding the collision, which involved four fatalities.
The judge also rejected the claim that Bohm was unable to understand police questioning because of a concussion at the time.
According to the ruling, Bohm knew where he was, where he had come from and where he was going, and was capable of understanding what officers were asking him.
Prosecutors Rely on Evidence From 104mph Crash
Bohm was 22 when the October 17, 2023 crash occurred on Pacific Coast Highway in Malibu.
Prosecutors allege that he was driving a BMW at an extremely high speed in an area where the posted limit was 45mph.
Data recovered from the vehicle’s black box showed the BMW accelerating from 93mph to 104mph approximately two and a half seconds before the collision, according to prosecutors.
Bohm allegedly lost control of the vehicle before it struck stationary vehicles in the parking lane along PCH, where the four women were walking.
The crash killed Niamh Rolston, 20, and Asha Weir, Peyton Stewart and Deslyn Williams, all 21.
All four were seniors at Pepperdine University’s Seaver College of Liberal Arts and members of the Alpha Phi sorority.
They had been expected to graduate with the class of 2024 and were later awarded their degrees posthumously.
Bohm Faces Eight Criminal Charges
Bohm has pleaded not guilty to four counts of second-degree murder and four counts of vehicular manslaughter with gross negligence.
He appeared at the Van Nuys hearing wearing a light gray suit, white shirt and blue check tie.
His divorced parents, Christopher and Brooke Bohm, were also present.
His mother has previously been reported to have purchased the BMW involved in the crash as a gift for her son when he turned 18.
Trial Date Moved Over Nitrous Oxide Evidence
Bohm’s trial had been scheduled to begin earlier in September but was postponed until December 1 after his lead attorney, Alan Jackson, requested additional time to prepare for what the defense described as a new prosecution theory.
At issue is a roughly 10-to-12-pound canister of nitrous oxide discovered inside Bohm’s vehicle.
Jackson argued that prosecutors’ decision to make the canister part of their case shortly before trial implied that Bohm had been inhaling the substance immediately before the collision.
Deputy District Attorney Nathan Bartos told the court that prosecutors did not intend to claim Bohm actually inhaled the nitrous oxide.
Instead, prosecutors intend to argue that he possessed the canister and that having it in the vehicle distracted his driving.
Rubinson warned prosecutors that they would be held to that position, saying the jury would not be permitted to receive suggestions that Bohm was inhaling nitrous oxide at the time of the crash.
Judge Also Allows Earlier Therapist Testimony
The defense has also sought to introduce evidence concerning Bohm’s mental state and previous experiences.
Sparagna said Bohm had seen several therapists for anxiety, depression and other mental-health issues before the crash.
She specifically sought to introduce testimony from a therapist about a 2019 appointment during which Bohm reportedly arrived scared and shaking after experiencing a road-rage incident while travelling to the session.
Despite objections from prosecutors, Rubinson ruled that the therapist’s testimony could be admitted because the defense considers it relevant to its position concerning what caused the Malibu collision.
Victims’ Families Pursue Civil Lawsuits
The families of the four women killed in the crash have also filed wrongful-death lawsuits.
The civil actions name Bohm as well as the State of California, Los Angeles County, the City of Malibu and the California Coastal Commission.
The families allege that aspects of the Pacific Coast Highway’s road design and a lack of adequate safety measures contributed to the danger in the area where the women were killed.
