CASE OF INTEREST

 Date:       May 17, 2005

 Case:       Death of Mark Leidheisl – Arco Arena Case

Contact:    Lana Wyant, Special Assistant Deputy District Attorney

                 Telephone:  (916) 874-5907

Jan Scully announced today that no charges will be filed against Jeffrey Berndt or Donnie Garibaldi, as a result of the death of Mark Leidheisl after the Kings game on April 20, 2005.  After a thorough review of the police investigation, it is clear that Mark Leidheisl died as a result of mutual combat between he and Jeffrey Berndt.  One punch thrown in self-defense by Jeffrey Berndt struck Mark Leidheisl in the face, causing him to fall backwards striking his head on the asphalt pavement.  This fall fractured Leidheisl’s skull, causing his death.

 The investigation revealed that Mark Leidheisl had at least a .13% blood alcohol level.  This alcohol level is consistent with statements about Leidheisl’s drinking that evening given by David Ott, who was with the decedent the entire evening.  In addition, opiates were present in the blood sample taken when Leidheisl arrived at the UC Davis Medical Center, and an unmarked pill bottle in Mr. Leidheisl’s car contained Paxil, extended tab Morphine, as well as a third pill that has yet to be identified by the District Attorney’s Crime Lab or Poison Control. 

Several witnesses came forward as a result of media coverage of Mr. Leidheisl’s death.  All describe a consistent pattern of insulting and aggressive behavior by Mr. Leidheisl at the game. Some of this conduct included intentionally flicking the head of the older man seated in front of Mr. Leidheisl, and pointing out various individuals, commenting to Mr.Ott that he could “take” them and beat them in a fight.  Leidheisl also directed rude and offensive comments to spectators around him as well as a game official.  David Ott gave a similar account of Mr. Leidheisl’s behavior during the game.

 As Mark Leidheisl left the Arco Arena parking lot, he was driving recklessly and at an excessive speed, according to his passenger. Mr. Ott told investigators that he “was scared of Mark’s driving and was telling him [Leidheisl] to slow down.”  Ott reported that Leidheisl responded, “Don’t worry, I do this all the time.”  Ott also told investigators that at one point an officer directing traffic yelled at Leidheisl to slow down.

 It was Mr. Leidheisl’s driving that brought him in contact with Donnie Garibaldi (driver of the SUV) and Jeffrey Berndt (passenger in Garibaldi’s vehicle) who were also leaving the game.  Leidheisl almost side-swiped Garibaldi’s SUV as he attempted to change lanes to leave the arena parking lot.  Both Ott and the occupants of the Garibaldi vehicle stated that Leidheisl began to aggressively challenge the occupants of the other vehicle to a fight.  He continued driving so as to either impede the Garibaldi vehicle or alternatively to drive beside it to make further challenges to fight.  This continued as the vehicles turned onto Truxel Road.  At Prosper Drive, Leidheisl turned off of Truxel Road for the fight.  The Garibaldi vehicle turned right behind Leidheisl.  Just before the turn, Leidheisl asked Ott if he (Ott) thought they could take them. Ott admitted replying, “Yeah, let’s take these guys.” 

 After both vehicles stopped, Leidheisl quickly got out and began fighting with Garibaldi.  Ott and Berndt stood to the side, with Ott telling Berndt that he wasn’t going to fight and that it was Leidheisl’s “deal.”  After a minute or two, Garibaldi and Leidheisl were on the ground wrestling.  Ott thought that Garibaldi was getting the better of Leidheisl, while Berndt thought Leidheisl had the upper hand on Garibaldi.  By this time, Ott had backed up a short distance from the roadway into an adjoining field.  Berndt approached the two men fighting on the ground and pulled Leidheisl off Garibaldi, separating the two.  Garibaldi got up and started back to his vehicle.  Leidheisl then turned on Berndt and began hitting him.  Berndt deflected most of these blows, but one struck him on the side of the head, by the right ear.  Berndt responded with one punch striking Leidheisl in the face, likely in the lower mouth area. Leidheisl fell directly back striking his head on the pavement. Berndt and Garibaldi immediately left the scene.  Dave Ott approached Mr. Leidheisl, saw that he was bleeding about the head and unconscious on the ground.  He immediately called “911” for medical attention.

 There is no evidence that weapons were involved, nor is there any indication that both Garibaldi and Berndt were fighting Mr. Leidheisl at the same time.

 Each of the four men involved in this series of events exercised poor judgment.  The exercise of poor judgment does not equal criminal conduct in this instance.

 Mr. Leidheisl was the aggressor in a fight which led, unfortunately and tragically, to his death. But there is no evidence that his death is other than a consequence of either the reasonable use of self-defense or mutual combat.  Criminal charges against Mr. Berndt and Mr. Garibaldi are not warranted.

 

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