Mountain View Voice

For the Record - October 19, 2012

Crime briefs

Not guilty plea in Ware case

Matthew Pumar, the Mountain View driver accused of hitting and killing a man who was waiting for a bus, has pleaded not guilty, according to Duffy Magilligan, the deputy district attorney handling the case.

Pumar pleaded not guilty to the charge of gross vehicular manslaughter on Sept. 26, Magilligan said.

According to police, on June 21, the 22-year-old Pumar allegedly sped through a red light, swerved to avoid a truck entering the intersection, lost control of his car and then ran into William Ware, a well-known local man who was waiting for a bus in the 1800 block of California Street. Ware was killed by the violent impact of the collision.

Pumar remained on the scene and cooperated with police and investigators. He was arrested on July 10 after the investigation was completed. He immediately posted $100,000 bail and was released.

Magilligan said Pumar is scheduled to appear in court on Oct. 24 where a judge will set a date for the preliminary hearing.

Dolores Marquez, Ware's niece, said she was upset with Pumar's plea.

"It's hard to hear someone not hold themselves accountable for something that was so obvious," Marquez said.

No charges in pedestrian death

Police say they can't determine who was at fault — the driver or the pedestrian — in the Sept. 15 that resulted in the death of an Illinois man. No charges will be filed against the driver in the incident.

Joshua Baker was crossing California Street about 500 feet west of Castro Street at about 10:23 p.m. when he was hit by a Toyota Camry traveling between 35 to 40 miles per hour, according to Mountain View Police Department spokesman Sgt. Sean Thompson. Neither the speed of the vehicle nor the sobriety of the driver was a factor.

"Based on driver and witness statements, evidence at the scene, the type of injuries sustained, the damage location on the vehicle and all investigative accident tools used, the primary collision factor could not be established to a reasonable certainty," Thompson wrote in an MVPD press release. "The Santa Clara County District Attorney's office has reviewed this case and determined that no charges will be filed against the driver of the vehicle."

—Nick Veronin

Rite Aid fined

Rite Aid Corporation has agreed to pay $800,000 for false and deceptive advertising. The company has settled a civil law-enforcement suit with the Santa Clara County District Attorney's Office and DA offices in Riverside and Ventura counties, the Santa Clara County DA has announced.

Rite Aid has locations in Mountain View, with one at 1040 Grant Road and another at 685 San Antonio Road.

The suit filed in San Diego County alleged that Rite Aid violated state laws prohibiting false and deceptive advertising in its +Up Rewards and Wellness card advertising campaigns. The company also failed to redeem gift cards with a cash value of less than $10.

The complaint alleges Rite Aid advertisements conveyed to consumers that they would pay lower prices for items purchased using the Rite Aid Wellness+ Card.

Once at the register, the customer could not purchase the item at the advertised price. Instead, the customer received a printed coupon printed on the end of their receipt for savings on a future purchase. The coupon had an expiration date and other restrictions.

Rite Aid failed to adequately inform consumers that the product could not be purchased at the advertised price.

In the settlement, Rite Aid agreed to clearly display the program's limitations and all the conditions necessary for customers to purchase items for advertised prices.

Rite Aid will also program their credit card terminals to inform the customer when their gift card has a balance of less than $10. The terminal will be prompted to ask the customer if he or she wishes to redeem the gift card for the cash balance.

"This is a victory for all California consumers. The law provides that advertising must be clear such that the consumer knows what he or she will pay for an item before making a purchase and it must not be deceptive," Santa Clara County Prosecutor Tina Nunes-Ober said.

Santa Clara County, home to 21 Rite Aid stores, will receive $175,000 in civil penalties and be reimbursed $1,457 for the costs of the prosecution. Rite Aid will be bound by the terms of a permanent injunction prohibiting similar violations in the future.

—Sue Dremann

Comments

Posted by Correction, a resident of another community
on Oct 19, 2012 at 12:53 pm

The Rite Aid at 685 San Antonio Road (San Antonio Center) has been closed for quite a while due to the new construction at that location.


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