A father accused of trying to kill his two young daughters by driving them off Sunset Cliffs has officially been allowed to act as his own attorney in his upcoming trial on Sept. 12.
Robert Duane Brians, 50, was repeatedly urged not to become his own attorney considering the legal risks it poses for him, but it was permitted by San Diego Superior Court Judge Michael Groch in a hearing.
In his petition, Brians wrote that he is self-employed and he has completed “some college.” He acknowledged that he understands he could be sentenced to life in prison if he is convicted of all charges.
In a handwritten motion from jail this week, Brians asked for a continuance, apparently of the trial date, according to court records. He also asked for the appointment of an advisory counsel in an Aug. 28 hearing.
His twin 3-year-old daughters and himself were nearly killed on June 13, 2020, when he drove off Sunset Cliffs in Point Loma in his truck. They were rescued by San Diego Police officer Jonathan Wiese who climbed down after he saw the truck upside down on a rock around 5 a.m.
Brians has pleaded not guilty to two counts each of the following: attempted murder, child endangerment, child abuse, kidnapping, child abduction, corporal injury, and making a criminal threat.
Brians initialed on court documents that he was aware of the dangers of self-representation and that he waived his right to ineffective assistance of counsel should he be convicted. He also said he understood that the court would not give him any legal help or advice.
He also agreed that he understood the prosecutor would be an experienced and skilled lawyer and he would be treated just like any other opposing counsel. The prosecutor could not be reached for comment.
Three minutes before the crash, Brians wrote on Facebook that “tonight I’m sending my babies to heaven.” The motivation stemmed from a bitter relationship Brians had with the girls’ mother.
Both girls were seriously injured and taken to a hospital after being brought up from Sunset Cliffs. The girls had lacerations to internal organs as well as fractures and breathing difficulties, according to testimony from a detective at the preliminary hearing.
Wiese, who used a 100-foot dog leash to lower himself down to the damaged truck, testified he saw Brians holding the two girls in the ocean water. He said he remembered Brians cursing his ex-wife at the scene.
Brians remains in the central jail without bail.