Melvin Mario James Landry, 42, of San Jacinto allegedly killed Gilbert Wah in 2020.

A Banning jury deliberated two days in January before deadlocking, after which Riverside County Superior Court Judge Rene Navarro declared a mistrial.

The case was transferred a week ago from the Banning Justice Center to the Riverside Hall of Justice, where Superior Court Judge Bernard Schwartz began summoning panels of prospective jurors for screening as to their availability and qualifications.

The judge is expected to swear in a panel Monday afternoon, with opening statements possible Tuesday morning.

Landry, who is being held in lieu of $1 million bail at the Robert Presley Jail, is charged with murder and sentence-enhancing gun and great bodily injury allegations.

According to a trial brief filed by the prosecution, on the night of July 23, 2020, Wah, his wife, Octavia Wah, and Landry got together at the victim’s house at 801 S. Camino Los Banos to “drink alcohol and smoke marijuana.”

The defense said in its brief Landry was in the midst of a divorce from his wife, Sylvia Joshua, because “he was caught cheating” on her. He was also suffering depression from the recent death of his mother and was upset that his sister had moved out of the area.

As he, the victim and Octavia Wah drank and smoked long into the night, tensions escalated due to Gilbert Wah’s references to Landry as a “pussy” and “bitch” — demeaning terms used to describe the defendant’s relationship with his wife, according to the prosecution’s brief.

Shortly after 3 a.m. on July 24, Wah became aggressive, slapping Landry across the face, the brief stated.

The defendant did not hit back, but instead went to his Dodge Durango pickup parked in front of the house, grabbed a semiautomatic handgun, then returned to the house and confronted Wah, firing a single shot into his heart, prosecutors allege.

The victim died on the spot.

His wife struck Landry and attempted to stop him from leaving, but he got away from her in his pickup. She called 911, and patrol deputies converged on the location.

Sheriff’s Sgt. Ken Thurm said as personnel were gearing up to begin a search, Landry “returned to the scene and surrendered.”

Court records show the defendant has a prior misdemeanor conviction in Riverside County for driving under the influence. He has a felony conviction in another jurisdiction, but the offense wasn’t listed.

Court papers indicated Wah, too, had a record, including battery on a peace officer in another state, as well as a fraud conviction locally.

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“Our findings are concerning considering that simultaneous cannabis and alcohol use is associated with more negative consequences (e.g., risk behaviors [driving under the influence], heavy patterns of substance use, increased risk for alcohol use disorders) to the individual and society,” said Priscilla Goncalves, PhD, a post-doctoral research fellow in Columbia Mailman School’s Department of Epidemiology, and first author. 

“Until this study, little had been known about the RCL and simultaneous use in adults in the U.S., where adult cannabis use and alcohol use are increasing in a changing cannabis policy environment.”

The researchers accessed restricted data from individuals aged 12+ from the 2008–2019 National Survey on Drug Use and Health (NSDUH) covering 817,359 participants. Data included respondents’ 2019 state of residence for state recreational cannabis law status. The final analysis included self-reporting of simultaneous cannabis and alcohol use.

From 2008 to 2019, the overall prevalence of simultaneous cannabis/alcohol use increased in adults. Comparing the period pre-RCL to post RCL, there were small but significant increases observed among those aged 21 and older. More specifically, the prevalence of simultaneous use among respondents aged 21-30 increased from 9.2 percent to 10.4 percent. Similarly, among participants aged 31-40 years and 41-50 years, prevalence increased from 5 percent to 6 percent and from 3 percent to 4.7 percent, respectively. However, for respondents aged 12–20 years old and 51-year-old and older, there were no significant associations between RCL and changes in the prevalence of simultaneous use. 

“The greater availability and opportunity to access cannabis through legal supply chains available for adults ages 21 and over such as dispensaries, present in most RCL states, may explain why we observed increases in simultaneous cannabis/alcohol use in those aged 21–50 but not 12–20 years after RCLs in this sample.,” noted Silvia Martins, MD, PhD, professor of epidemiology at Columbia Mailman School, and senior author. “These findings build upon prior research showing that states allowing dispensaries had a greater likelihood of alcohol-related outcomes in adults aged 21+. Our work confirms these findings and extends them by reporting rising simultaneous use after RCL with cannabis supply implementation using a nationally representative sample across age groups over a long period (2008–2019).

“Finally, our study contributes to the understanding of age group changes in simultaneous cannabis/ alcohol use after the legalization of adult cannabis use in the U.S. beyond medical laws” says Gonçalves. “Therefore, there may be a need to develop strategies to reduce harms related to simultaneous cannabis/alcohol use in adults aged 21-50”.

Co-authors are Natalie Levy, Luis Segura, Emilie Bruzelius, and Pia Mauro, Columbia Mailman School; Anne Boustead, University of Arizona; and Deborah Hasin, Columbia Mailman School and Columbia University Irving Medical Center Department of Psychiatry.

The study was funded by the U.S. National Institutes of Health, National Institute on Drug Abuse (R01DA037866, T32DA031099, R01DA048860, and K01DA045224); and the National Center for Injury Prevention and Control, Centers for Disease Control and Prevention to the Center for Injury Epidemiology and Prevention at Columbia University (1 R49 CE002096-01).

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If authorities had no reasonable justification for pulling you over, you could bring a motion to suppress. This can result in the case being thrown out. You will also need the help and guidance of an experienced DUI lawyer to help you achieve a favorable outcome.

During a DUI stop, you will be asked if you have been drinking. Typically, most would give an underestimation of what they have drank. Once police get confirmation that you have been drinking, they will often investigate further.

Also, if authorities have reason to believe there is incriminating evidence inside your vehicle, they can search it even if they don’t have a warrant. Generally, they can also look inside your vehicle if you permit them to do so.

Officers who suspect you are driving under the influence will often confirm their suspicions through roadside tests. Some tests include preliminary alcohol screening (PAS) tests and field sobriety tests (FSTs).

All 50 states have “implied consent” laws. This requires that you submit to chemical testing if you have been lawfully arrested for DUI. The test is done to measure the amount of alcohol or drugs that are in your system.

If you refuse the testing, you will likely face consequences that include fines, license suspension, and installation of an ignition interlock device (IID). In other states, refusing the testing can result in a separate criminal conviction.

If authorities determine probable cause to arrest you, you will be cuffed and taken to the police station or local jail. Typically, your driver’s license will also be taken. Check the infographic below to know what else to expect during a DUI arrest.

About the Author

Michelle White is currently the Content Marketing Strategist for Arizona DUI Team. Aside from spreading awareness on DUI and vehicular-related offenses, she enjoys reading and hiking with her family and friends.

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In a study of drivers with past year alcohol and cannabis use, researchers at Columbia University Mailman School of Public Health found that two in five drivers reporting alcohol and cannabis in the past year drove under the influence of alcohol, cannabis or both. Approximately one-half of the participants in each category reported this pattern. The findings are published in the American Journal of Preventive Medicine.

Earlier research has suggested that simultaneous alcohol and cannabis use increases driving impairment, leading to an uptick in the risk of traffic fatality more than either substance individually, particularly among young adolescents. Yet, until now, no nationally representative study has tested relationships simultaneous use and people reporting driving under the influence of these substances. 
 
“Alcohol and cannabis are two of the most common substances involved in impaired driving and motor vehicle crashes in the U.S.,” said Priscila Dib Gonçalves in the Department of Epidemiology at Columbia Mailman School, and first author. “Examining the effect of simultaneous alcohol and cannabis use on self-report driving under the influence (DUI) of alcohol-only, cannabis-only, and both substances using a nationally representative sample could contribute to better understanding the impact in adolescents and adults.”
 
Drivers aged 16 years or older who reported any past-year alcohol and cannabis use in the National Survey on Drug Use and Health (2016-2019) were included with a final study sample of 34,514. The outcome was reporting any past-year driving under the influence of alcohol-only (DUI-A), cannabis-only (DUI-C), alcohol and cannabis (DUI-A+C), or no DUI. Data were further collected via face-to-face household interviews using computer-assisted interviewing and audio computer-assisted survey instruments to increase the accuracy of responses to potentially sensitive questions.
 
Between 2016-2019, 42 percent of drivers with past-year alcohol and cannabis use reported any past-year DUI (8 percent DUI-A, 20 percent DUI-C, 14 percent DUI-A+C). Simultaneous use was associated with 2.88 times higher odds of driving under the influence of cannabis, and 3.51 times higher odds of driving under the influence of both alcohol and cannabis.
 
Most participants were male (57 percent), non-Hispanic white (67 percent) with a family income of $40,000 or less (63 percent), and living in a state with medical cannabis laws (68 percent). Two-thirds of participants reported any tobacco use in the past year and one-third used any drug other than cannabis. In addition, 8 percent reported daily alcohol use, 20 percent daily cannabis use, and 21 percent met criteria for alcohol use disorder and 18 percent for cannabis use disorder. Over a quarter of the sample (28 percent) reported simultaneous alcohol/cannabis use. 

Daily alcohol and cannabis use increased the likelihood of DUI-A and DUI-C, respectively, and both alcohol/cannabis daily use were associated with DUI-A/C. “In the context of increasing daily cannabis use among adults, our findings connecting daily cannabis use and DUI raises public health concerns,” observed Pia Mauro, PhD, assistant professor of epidemiology, and senior author. “Population changes in cannabis use frequency that may be associated with health hazards, including daily use, need to be continuously monitored.”

“Our study is unique in that it reports more recent nationally representative data (2016-2019) and compares different types of DUI categories,” noted Gonçalves. “From a harm reduction perspective, identifying which population subgroups are at high risk for DUIs could assist the development of more focused prevention strategies. Future research should also investigate the potential impact of low or “promotional” cannabis prices with higher levels of use, intoxication, and simultaneous use of other substances.”
 
Co-authors are Sarah Gutkind, Luis Segura, João M. Castaldelli-Maia, and Silvia Martins, Columbia University Mailman School of Public Health. 
 
The study was funded by the U.S .National Institutes of Health, National institute on Drug Abuse, T32DA031099, R01DA037866 and K01 DA045224, and the National Center for Injury Prevention and Control, R49CE003094.

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Lieutenant Eric Dickson of the HPD was quick to point out that this grant is one of only 49 awarded in California to local law-enforcement agencies through ABC’s Alcoholic Police and Partnership (APP) program. “ The police department here in Hemet is very proactive in seeking grants to help combat crime,“ said Dickson adding, “While we very much appreciate the grants from, and our partnership with, the state of California’s Office of Traffic Safety, this ABC grant, which runs from July 1, 2019, to June 30, 2020, will aid us greatly in curtailing alcohol and driving-related problems.”

The ABC grant took time to vet and intensive investigation in its preparation. “The HPD’s “Restoring Our Community Strategy” team or ROCS, utilized the talents of Detective Craig Willison who investigated the information used in the grant and he also drafted the proposal. The entire process was overseen by ROCS Sergeant Michael Arellano,” said Dickson.

The city of Hemet has gotten OTS grants for a number of years, but this is only the second ABC grant the city has received. Dickson notes that while OTS Grants are more geared to Driving Under the Influence (DUI) offenses, this ABC grant is more geared toward illegal purchases and toward liquor stores themselves and is a large part of the HPD‘s efforts to build a partnership with the ABC. “This grant is an important tool in keeping our streets safe,” said Dickson.

The program has been very successful in other areas of the state.
“The program improves the quality of life in our neighborhoods,” said ABC Director Jake Appelsmith,” adding, “We’ve seen a real difference in the communities where grant program resources have been invested.”

The APP Program was created in 1995 to strengthen partnerships between ABC and local law enforcement agencies. The program is designed to put bad operators out of business, keep alcohol away from minors, and bring penalties such as fines, suspensions or liquor license revocations against businesses that violate the law. The funds will be used to reduce the number of alcoholic beverage sales to minors, obviously intoxicated patrons, illegal solicitations of alcohol, and other criminal activity such as the sale and possession of illicit drugs.

Lieutenant Dickson points out that, “…This grant will allow us to do more undercover work such as scheduling, “Shoulder taps,“ and “Minor Decoys.” A “Shoulder tap” is a police operation utilizing a minor to request an of-age alcoholic beverage store customer to purchase liquor for them. This targets the beverage customer. This is opposed to what is known as a “Minor Decoy,” whereby an under-age decoy will enter an alcoholic beverage store attempting to purchase liquor themselves.

While both are misdemeanors, Dickson points out that the second type of operation is aimed at the facility. “This type of offense really hurts the pocketbook of the unlawful alcoholic business owner because it threatens their very license to legally operate a liquor business: the license is the very life’s-blood of their beverage operation. There aren’t many alcoholic business owners who are reckless enough to endanger their licensure,” said Dickson.

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