A Los Angeles judge has ruled that statements made by Fraser Bohm to police in the hours after a fatal crash that killed four Pepperdine University sorority sisters can be presented to a jury. Bohm, 24, faces four counts of second-degree murder and four counts of vehicular manslaughter with gross negligence in the October 2023 incident.
Bohm's legal team had filed two motions attempting to exclude statements he made to law enforcement at the scene. One motion argued that his answers to questions about his speed, alcohol or drug consumption, and phone use constituted an illegal "custodial interrogation" before he was read his Miranda rights. A second motion claimed his statements were not voluntary because he was suffering from a concussion sustained in the crash.
Los Angeles Superior Court Judge Thomas Rubinson denied both motions on Tuesday. He ruled that Bohm was not in Miranda custody at the time of the questioning and that his roadside statements were voluntary. The judge acknowledged that Bohm may have later been diagnosed with a concussion but stated that at the time of the questioning, Bohm was able to understand what was being asked, knew where he was, and where he came from.
The crash occurred on Pacific Coast Highway in Malibu when Bohm, driving a BMW, allegedly lost control and collided with stationary vehicles in the parking lane where the four students were walking. The speed limit in that area is 45 mph. Prosecutors allege that the "black box" from Bohm's car indicated he accelerated from 93 mph to 104 mph in the two and a half seconds before the collision.
During the hearing, Bohm's defense attorney argued that deputies questioned him in a "confrontational and accusatory" manner and that he was told he would be arrested if he did not cooperate. She also contended that Bohm was "under police restraint" due to the significant number of deputies present and that his statements were made before he received his Miranda rights approximately six hours after the accident.
Prosecutors countered that the large police presence was due to the severity of the incident, with four fatalities. They maintained that Bohm was not under arrest at the time and that his statements were voluntary, as shown by body camera footage. Regarding the concussion claims, prosecutors stated that scene personnel concluded Bohm understood the situation and was not concussed.
Bohm's jury trial, originally scheduled for last week, has been postponed until December 1. The delay was granted to allow Bohm's defense more time to prepare for a new theory from prosecutors: that Bohm had a large canister of nitrous oxide, or "laughing gas," in his lap at the time of the crash. While prosecutors stated they would argue Bohm possessed the canister, distracting his driving, the judge cautioned that he would not allow any implication that Bohm was inhaling the gas at the time of the accident.
The four victims—Niamh Rolston, Asha Weir, Peyton Stewart, and Deslyn Williams—were all seniors at Pepperdine's Seaver College and members of the Alpha Phi Sorority. They were posthumously awarded their degrees. The victims' families have filed wrongful death civil lawsuits against Bohm and various state and local entities, citing dangerous road design and lack of safety standards on Pacific Coast Highway.