
A hit and run driver has been ordered to stand trial for second-degree murder in the death of a beloved bartender, Joshua Gilliland, who was killed while walking to work in 2023.
Gilliland, 47, had worked at Cheers for 20 years when he was struck on June 10, 2023, near the corner of El Cajon Boulevard and Park Boulevard.
Brandon Allen Janik, 37, of North Park, was also ordered to stand trial for gross vehicular manslaughter while intoxicated, DUI while having a prior DUI conviction, hit and run in a traffic fatality, and three counts of presenting false auto insurance claims.
The attorneys at the preliminary hearing told San Diego Superior Court Judge Steven Stone they reached a stipulation between them to note the cause of death was blunt force trauma to the head.
San Diego Police officer Gabriel Torres said the driver ran a red light at 10:45 p.m. before striking Gilliland, who was not at fault.
Detective Justin Beal said Janik’s vehicle was a rental BMW and Janik took it to a repair shop. The front windshield was damaged, mostly on the passenger’s side.
Janik first told a worker the BMW was already damaged when he rented it, but the employee said that was against policy to rent a damaged car to customers, said Beal.
Janik then said the damages to the car occurred when he backed into something, said Beal. Janik claimed he felt “a thump,” said Beal, according to the repair shop worker, who later told the detective that was an inconsistent story.
Juan Garcia, an insurance investigator, testified as an online witness on a video screen. He said he called Janik about the car’s damages and his explanation was inconsistent with striking a post.
Detective Michael Gottfried said Janik had the windshield replaced for $460 and told an employee he had run into a metal pole, for which he provided a photo.
Other witnesses Beal interviewed said Janik had four alcoholic beverages at two bars that day.
Gottfriend said he recovered Janik’s phone and noticed there were two articles about the crash that killed Gilliland.
Deputy District Attorney Laura Evans said in court that Janik was convicted of misdemeanor drunk driving in Jan., 2016, and attended a panel discussion put on by Mothers Against Drunk Driving.
Another witness testified he saw Janik swaying as he was walking around earlier that night and that he needed help in getting out of his car. A woman testified she heard him slurring his words.
Janik’s attorney, Justin Murphy, said there was no evidence his client was intoxicated as he was not arrested until Sept. 5, 2023. The witnesses who claimed Janik was drunk were not people who were trained to observe intoxication and one person saw Janik through a window, said Murphy.
Evans asked Stone to order Janik to stand trial on all charges, saying one witness saw him slumped over the steering wheel at one point before the crash. Stone ruled there was probable cause for a trial on all counts.
Janik will next appear in court on May 8 to set a trial date and he waived his right for a speedy trial. He has pleaded not guilty and remains in jail without bail.
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