Sidnie Waller, 21, died of her injuries after her friend, Jennifer Rae Xavier, 21, allegedly drove her BMW off a freeway ramp and it landed upside down and partially submerged near Sea World Drive on March 4.
“Jenny drank so much and took a bar (tranquilizer)…She’s swerving all over. Almost ran into five cars…Pray for me,” wrote Waller.
Her text messages were shown on a screen to San Diego Superior Court Judge Peter Deddeh at Xavier’s preliminary hearing on Nov. 19.
Deputy District Attorney Philippa Cunningham said the victim’s brother was receiving those text messages “in real time as they were happening.”
Xavier is charged with second-degree murder, gross vehicular manslaughter while intoxicated, DUI, and hit and run in a traffic fatality.
“She won’t listen. I’m so (obscenity) scared,” wrote Waller. “I’m gonna be sick, holy (obscenity), this is so scary.”
Her brother was receiving the messages until they abruptly stopped around 9:10 p.m. after the BMW plunged below the Interstate 5 freeway and landed upside down in the Tecolote Creek.
California Highway Patrol officer Brad Clinkscales testified he interviewed witnesses who said Xavier had two drinks at a Pacific Beach bar before she and Waller left.
Deddeh ordered Xavier to stand trial for murder, gross vehicular manslaughter while intoxicated, DUI, and hit and run.
She pleaded not guilty to all charges at the end of the hearing and Deddeh set a trial date for April 18, 2022.
Xavier said nothing during the hearing while wearing blue jail clothes with a white mask while handcuffed. She remains in Las Colinas Women’s Detention Facility without bail.
“Obviously, we have a tragic situation here,” said her attorney, Joel Bailey, to the judge.
Bailey asked Deddeh unsuccessfully to dismiss the murder charge, calling it “a horrible accident” and hinted the possibility the defense at trial would contend that Waller was the actual driver, not Xavier.
“It was aggressive driving by somebody,” said Bailey.
Xavier got out of the car and wandered up an embankment onto the Sea World Drive ramp where she got a ride from a Point Loma couple who took her home. They called police because Xavier was too intoxicated to communicate where she lived.
Xavier apparently did not mention to anyone she crashed her car off a ramp and her friend was still in the partially submerged vehicle.
Police officers arrived and took Xavier to her home on Collwood Boulevard near SDSU, but they were unaware of the rescue effort of Waller in the partially submerged car.
Waller was rushed to a hospital where she died three days later from her injuries.
It isn’t known what Xavier’s blood/alcohol level was at the time because she was not arrested until days later. The next day after the incident, Xavier showed up at Waller’s home, as she was wondering where her friend was and what happened to her car.