Motorcyclist in Novato girl's death charged with murder; 6 prior DUIs alleged

A Novato man accused of killing a 9-year-old girl during a drunken ride on his motorcycle was charged with murder Friday because he has at least six prior drunken-driving convictions, authorities said.

Edward John Schaefer, 43, could face 17 years to life in state prison if convicted of second-degree murder and a sheet of related charges for the death of Melody Osheroff and the maiming of her father, Aaron.

District Attorney Ed Berberian said the murder charge applies because Schaefer's history of drunken driving qualifies as "implied malice," a legal standard for second-degree murder.

Schaefer's alleged blood-alcohol content was .16 percent - twice the legal limit for driving - when he struck the Osheroffs in a crosswalk Wednesday night, authorities disclosed Friday.

Schaefer was also charged with gross vehicular manslaughter while intoxicated, causing injury while driving under the influence and mayhem.

The charge of mayhem applies when a victim suffers permanent disfigurement or dismemberment. Aaron Osheroff, 41, was forced to have a leg amputated after the collision.

Authorities said Schaefer has six prior DUI convictions from 1990 to 2004 in Marin and Sonoma counties and Washoe County in Nevada. Prosecutors are still researching his criminal history for other convictions.

Schaefer also served a prison term for felony domestic violence, authorities said.

Schaefer did not appear in court Friday because he remains hospitalized under police watch. He
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suffered moderate injuries in the collision and was taken to Marin General Hospital.

When he is released from the hospital, he will be booked into the county jail. His bail is set at $1.5 million.

"We're going to do all we can to see he gets what he deserves," Berberian said.

Schaefer's family could not be reached Friday, and a public defender declined to comment on the case.

An arraignment was tentatively scheduled for 9 a.m. Monday in courtroom C in Marin Superior Court.

Under state law, first-degree murder is a "willful, deliberate and premeditated killing" with malice aforethought. Second-degree murder is not premeditated, but prosecutors must still prove there was malice, either expressed or implied.

In other fatal DUI cases, county prosecutors have argued that drivers with prior DUI convictions showed implied malice because they knew beforehand the consequences of drunken driving.

The collision occurred shortly before 9 p.m. Wednesday when Melody and her father were crossing San Marin Drive at San Carlos Way. According to witnesses and police, Schaefer raced up eastbound San Marin Drive on his motorcycle and struck the Osheroffs in the crosswalk without slowing.

Schaefer's estimated speed remains under investigation, but Berberian said it appears he was well over the speed limit. The limit is posted at 35 mph.

Melody, who was a fourth-grade student at San Ramon Elementary School, died the next morning at Children's Hospital in Oakland.

Aaron Osheroff was airlifted to Santa Rosa Memorial Hospital with critical injuries, including a broken leg and a partially severed leg. One of the legs was amputated.

He remained at the hospital in serious condition Friday, a spokeswoman said.

A memorial fund has been established for Melody's family. Donations can be made in person at any Wells Fargo branch in Marin, or mailed to "The Osheroff Family Fund," c/o Wells Fargo Bank, 1590 Grant Ave., Novato, CA 94945.

Let Us All Remeber Melody's Family When We Pray And,
As Hard As It Maybe For Us To Forgive, God Is A Forgiven God. Let Us Pray That This Man Runs To The Lord For Salvation..Forgiveness....

.ect.....Amen.

DID YOU KNOW?

DID YOU KNOW? As you walk up the steps to the building which houses the U.S Supreme Court you can see near the top of the building a row of the world's law givers and each one is facing one in the middle who is facing forward with a full frontal view ... it is Moses and he is holding the Ten Commandments! . DID YOU KNOW? As you enter the Supreme Court courtroom, the Two huge oak doors have the Ten Commandments Engraved on each lower portion of each door. DID YOU KNOW? As you sit inside the courtroom, you can see The wall, right above where the Supreme Court judges sit, a display of the Ten Commandments! DID YOU KNOW? There are Bible verses etched in stone all over the Federal Buildings and Monuments in Washington , D.C. DID YOU KNOW? James Madison, the fourth president, known as 'The Father of Our Constitution' made the following statement: ' We have staked the whole of all our political institutions upon the capacity of mankind for self-government, upon the capacity of each and all of us to govern ourselves, to control ourselves, to sustain ourselves according to the Ten Commandments of God.' DID YOU KNOW? Every session of Congress begins with a prayer by a paid preacher, whose salary has been paid by the taxpayer since 1777. DID YOU KNOW? Fifty-two of the 55 founders of the Constitution were members of the established orthodox churches in the colonies. DID YOU KNOW? Thomas Jefferson worried that the Courts would overstep their authority and instead of interpreting the law would begin making law an oligarchy the rule of few over many. How then, have we gotten to the point that everything we have done for 232 years in this country is now suddenly wrong and unconstitutional? Lets put it around the world and let the world see and remember what this great country was built Under God. I was asked to send this on if I agreed or delete if I didn't. Now it is your turn... It is said that 86% of Americans believe in God. Therefore, it is very hard to understand why there is such a mess about having the Ten Commandments on display or 'In God We Trust' on our money and having God in the Pledge of Allegiance. Why don't we just tell the other 14% to Follow Instruction Set Before Us By Our Lord! Or, Sit Down and SHUT UP!!! ......................................................... Let Your Light Shine by Ellen Bailey Does the light of your soul still shine? Is it still a beacon that others can find? Or does a guilty conscience cover it like a film Dulling its rays and causing it to look dim? Do you tell yourself everything is just fine Ignoring the needs of others as if blind? What about those who have gone astray? And those who are lonely and afraid? Search your heart and see what you find Ask yourself if you have been unkind Good deeds alone will not get you into Heaven Extend a helping hand to your fallen brethren , Ask God To Forgive You, It will clear your conscience and erase your sins And the light of your soul will be bright again Others will look upon you as a beacon of hope As down life's road they struggle and cope.
Blessings,
Terina

Abortion! ?????????????

Gods Word
Matt 18:20 For where two or three are gathered together in my name, there am I in the midst off them. (KJV)
My prayer is that Gods removes Every Abortion Clinic Off The Face The Earth!
In Jesus Mighty Name Amen.
If you are in agreement with me,
PRAY! PRAY! PRAY! ......and Hit me up with a Hearty "AMEN".

Blessings,
Terina