Patch had a couple of inquiries from readers and has confirmed a plea bargain and sentence for lawyer Robert Wyatt, who was the driver of a car that struck and killed Edward Phillips, 85, of Rossmoor on Dec. 10, 2010.
Wyatt, 71, of Rossmoor, pleaded no contest to vehicular manslaughter while intoxicated, a felony, said Assistant District Attorney Matthew Caron. Contra Costa County Superior Court Judge Clare Maier on April 30 sentenced Wyatt to three years of felony formal probation, including 90 days of jail, Caron said. Wyatt was ordered to pay victim restitution to Phillips' family. The judge also ordered him to abstain from alcohol during the term of the probation, and revoked his driver's license for a year, Caron said.
According to testimony in a September 2011 preliminary hearing, Phillips was blind in one eye and walked with a cane, but had to be scolded by family members at times to use the cane more often. At 6:35 p.m. Dec. 10, 2010, in the darkness, Phillips may have been hurrying across the street to catch a Rossmoor bus to downtown Walnut Creek, where he was fond of dining at PF Chang's.
After the collision, at the Walnut Creek police station, Wyatt's blood was drawn and a blood alcohol level of 0.18 was recorded, according to testimony. Wyatt told Walnut Creek police that night that his Bentley was traveling about 25 mph, according to testimony.
Walnut Creek Police Officer Kris Harman testified about interviewing Wyatt that night. Wyatt told him it was dark and he saw a man moving in "a little jog" coming from the left curb and that he didn't have time to apply the brakes, Harman testified. There were no skid marks, Harman said.