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A judge ordered a man on June 4 to stand trial for gross vehicular manslaughter in the death of a 12-year-old girl who was paddle-boarding in Mission Bay when she was struck by a personal watercraft.
Arsanyous Refat Ghaly, 19, has pleaded not guilty to a felony charge involving the July 29, 2023, death of the girl who is only identified in court records as Savannah P. Several people believed to be her family members were in the audience.
San Diego Superior Court Judge Lisa Rodriguez allowed Ghaly to remain free on his recognizance following a two-day preliminary hearing. Ghaly was dressed in a suit and came to court with friends.
There is a 5 mph zone within the first 100 feet from shore. The girl was struck unconscious by a jet ski in the De Anza Cove area along Mission Bay Drive.
His attorney, Hakim Geris Hakim, said witnesses gave estimates the accident took place within 100 feet from shore, adding “It’s difficult to give estimates on water.”
Hakim said his client had “no prior behavior” of aggression. He also said the girl was not wearing a life vest.
Deputy District Attorney Savanah Howe said Ghaly started by illegally renting jet skis from a company not properly licensed and told officers he did not know there was a speed limit of 5 mph within the first 100 feet of shore.
“He should have educated himself as to the rules,” said Howe, adding there was “a giant sign” that displayed the speed limit.
“He was driving so hard – ten times the speed limit,” said Howe.
Rodriguez took a recess to review her notes, case law, and the exhibits before returning with her ruling. She said there was probable cause that Ghaly committed the felony.
“A jet ski driver must use caution. Some rules were violated,” said the judge. “All of the witnesses said it was certainly closer than 100 feet.”
“This is a guess estimate. There are no skid marks like in a car accident,” said Rodriguez. “It was reckless. The court does feel all of the (manslaughter) elements were met here.”
The defense attorney made a motion to reduce the felony to a misdemeanor, citing Ghaly’s age and also that he swam to the girl’s rescue once he realized what happened.
Hakim said Ghaly was “cooperative” while committing “a tragic error” and spent 10 days in jail before he could be released.
The prosecutor was opposed to reducing it to a misdemeanor. Rodriguez said the offense was “properly charged as a felony.”
If convicted, Ghaly faces a maximum six-year prison term.