Former Red Hot Chili Peppers guitarist Josh Klinghoffer pleaded not guilty to a charge of misdemeanor vehicular manslaughter without gross negligence in a California court on Thursday.
The rocker’s plea was entered in court by his lawyer. Klinghoffer, 44, did not appear at his arraignment. However, court sources tell The Post that in misdemeanor cases such as this, it’s routine for attorneys to appear without the involved parties.
The Pearl Jam guitarist was charged last month after he allegedly hit and killed a pedestrian in a crosswalk while driving a black GMC Yukon in Alhambra, an exurb east of Los Angeles, on Mar. 18.
The victim, 47-year-old Israel Sanchez, was transported to a local area hospital and declared dead later that day. The cause of death was blunt force trauma to the head.
A wrongful death suit filed by Sanchez’s family in July against Klinghoffer alleges the musician was using a cell phone and driving a car with no plates when the accident took place. The lawsuit also claims that there is video evidence suggesting Klinghoffer “was likely driving while distracted” and “made no braking or slowing motion until after he fatally struck” Sanchez.
However, a source close to the investigation told The Post on Thursday that the police have determined there was no cell phone involved in the cause of the accident.
An attorney for Sanchez’s family pushed back after Thursday’s hearing, saying that in video evidence, Klinghoffer “appears to be holding a phone” as he drives past a business near the site of the accident “seconds” before the collision.
“If they have exculpatory evidence, it’s never been presented to us,” Grayson Yoder told Rolling Stone.
“All I can see is what I see on the video. If he says he’s not on his phone, fine. But it’s the middle of the day, he’s coming into an intersection and there are no brake lights on his vehicle, none, not until a man is hit in the crosswalk.”
“I’m skeptical of exculpatory evidence, and I can’t speak to the DA and their charges, but at the end of the day, in broad daylight, he had many, many opportunities for this not to have happened,” Yoder added. “There’s no other word for it besides negligence. We allege that it’s gross negligence.”
The charge against Klinghoffer put forth by the LA County DA does not, however, allege gross negligence, as court documents viewed by The Post confirm.
“It was a tragic accident,” Klinghoffer’s attorney, Andrew Brettler, said in a statement in July. “After Josh struck this pedestrian in the intersection, he immediately pulled over, stopped the car, called 911 and waited until police and the ambulance arrived. Obviously, he’s cooperating with the police throughout the traffic investigation. This was purely a tragic accident.”
Klinghoffer has been a staple in the alt-rock world since the late aughts, joining The Red Hot Chili Peppers as a guitarist in 2009 when his friend John Frusciante left the band. In 2019, Frusciante returned and Klinghoffer was let go.
Currently, he’s on tour with Pearl Jam as a supplemental musician and contributed to the group’s most recent album, “Dark Matter.” He also releases his own music under the pseudonym Pluralone.
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