After deliberating only three-and-a-half hours, a jury has convicted a hit-and-run drunk driver of second-degree murder in the tragic death of beloved bartender Joshua Gilliland who was struck and killed while walking to work in the University Heights area.
The seven-man, five-woman jury also convicted Brandon Allen Janik, 38, on Nov. 7 of three counts of filing a false auto insurance claim and presenting false information when he attempted to have his insurance pay for damages to his BMW for the June 10, 2023 collision.
On Tuesday, Nov. 12, Janik appeared before San Diego Superior Court Judge Laura Parsky, and she set a Jan. 24 sentencing date. Janik remains in jail without bail.
“Justice was served,” said Roger Scott, who used to work at the bar Cheers with Gilliland, 47. “The jury (verdict) came so quickly—the evidence was so convincing.”
Scott, family members of the victim, and Gilliland’s former boyfriend with other supporters attended the trial almost daily since it began on Oct. 29. Janik’s ex-wife attended along with some of his family.
“They reached a just verdict—a verdict long overdue,” said Deputy District Attorney Hailey Williams.
Williams said Janik faces 15 years to life in prison for second-degree murder plus eight years consecutively for insurance fraud, hit and run in a traffic fatality, DUI, and gross vehicular manslaughter while intoxicated.
Gilliland was struck while crossing El Cajon Boulevard at a three-way intersection that some think is dangerous at Normal Street and Park Boulevard at 8:30 p.m. He was in a crosswalk and jurors got to see video of the moment when Janik’s BMW struck Gilliland.
There was an audible “Ohhhh!” among spectators in the courtroom audience when they saw Joshua being struck.
“You could hear the thud of the impact,” said Scott. “It was gruesome.” He heard it again when it was played during closing arguments on Nov. 6.
Janik was charged with second-degree murder because he had a felony conviction for DUI in 2016. The prosecutor put on witnesses to show Janik attended lectures by Mothers Against Drunk Driving on probation, and his initials on court documents showed he was told he would be charged with murder if he ever drank alcohol and killed someone.
Janik did not testify. His attorney, Justin Murphy, argued there was no physical evidence to show he was drunk as he was not arrested until three months later. Murphy acknowledged that Janik struck Gilliland.
“He freaked out and took off—not an honorable choice,” said Murphy to the jury.
Murphy argued that the four people who talked to Gilliland before the accident said it appeared he was drunk, but they didn’t know his name. A couple found Janik passed out in his BMW on University Ave. They pulled him out of the car, which caused him to wake up.
“Thank you. You have no idea how much you are helping me. I already have a DUI,” said Janik, according to the couple, who called 911.
The 911 call only led to paramedics showing up because the couple told a dispatcher the driver had woken up. Two paramedics talked to Janik, but he told them he would walk home or take an Uber and promised not to drive. One paramedic said Janik told them he had been drinking, but that was based “on him saying he had a few drinks that evening.”
Both paramedics said Janik refused any medical assistance. They also said they are not trained to conduct sobriety tests. Janik instead got back into his car and minutes later struck Gilliland.
Murphy was asked afterward if he had any reaction to the verdict and Janik’s attorney said “None.” Janik stared straight ahead and did not react when a court clerk read the seven guilty verdicts.
Janik paid to replace his windshield out of his own pocket, but he took his BMW to a repair facility to fix the other damages. He told his insurance company the damage was due to him backing into a fence gate, and he supplied a photo of a broken gate as proof.
“He intended for his insurance company to cover the cost for his murder,” said Williams during closing arguments.
Parsky told the departing jury the attorneys would like to talk with them outside the courtroom if they wished to discuss their deliberations, but all jurors left the courthouse without speaking to anyone.
Gilliland’s brother-in-law, Patrick Hughes, said the jury’s service “is appreciated and is not a small thing.” He also expressed thanks to the San Diego Police Department and DA’s office.
Photo: In the wake of Josh Gilliland’s death, friends of the bartender demanded justice after the hit-and-run driver remained elusive for months. (Photo courtesy 10News)
