Su Charged in Cupertino Crash Death

Deputies arrested him on suspicion of gross vehicular manslaughter. The district attorney filed murder. Those are not the same proof. A crash murder case turns on whether he acted with a conscious disregard for human life. A speedometer stuck at 100 is one piece of evidence. It is not a verdict.

Eric Chen Su, 38, is charged with murder and assault with a deadly weapon after a crash Friday that killed a 2-year-old girl near Apple's headquarters in Cupertino, California. The woman driving the girl, identified as her babysitter, was badly hurt. Su has not entered a plea. He is due back in a Palo Alto courtroom on Nov. 30.

The crash was shortly after noon at North Tantau Avenue and Pruneridge Avenue. A deputy's report says Su's Toyota Camry was going over 90 mph when it hit the back of a Chevrolet Trax stopped at the light, and that he did not brake. The speedometer was stuck at 100 mph. Prosecutors said that was four times the posted limit. The Trax caught fire. People nearby pulled the child and the driver out. The girl, who was properly restrained, died at a hospital.

Su was arrested that day on suspicion of gross vehicular manslaughter. On Tuesday, the Santa Clara County District Attorney's Office filed the murder count and the assault count. The complaint also alleges great bodily injury, and that the victim was particularly vulnerable. The deputy's report says there was no sign of drug or alcohol impairment, and that Su works for Apple. He had minor injuries and came to court in a wheelchair. He is in custody.

All defendants are presumed innocent until proven guilty in a court of law.