Schoolteacher Spared Manslaughter Charge in New Year's Day Fatality

Dana Lohner of La Mesa, briefly jailed for a New Year's Day driving incident that killed a Mission Valley man, will not face vehicular manslaughter charges, according to a spokesman for the District Attorney’s Office.

Steve Walker, the spokesman, said via e-mail: “Lohner has been charged with two counts: DUI and driving with a measurable blood alcohol level.  She is scheduled to be arraigned on those charges on February 28 at 8:00 a.m. in the East County [Superior Court].”

Killed was Kelly Condel McPherson, 53, who died at the scene—Severin and Murray Drives west of Grossmont High School. Lohner, 48, was driving a silver Mustang an hour into the new year when the crash happened, police said at the time.

After reportedly failing a sobriety test, she was arrested on suspicion of drunken driving and booked into Las Colinas Jail in Santee. She later posted $100,000 bail and returned to her home in north La Mesa.

La Mesa police investigated the case and turned over their information to the District Attorney's Office in late January, police said. They wouldn't give their view of the charges.

“No, as a rule we do not comment on the District Attorney’s Office review and discretion in evaluating cases and issuing charges based upon the evidence presented,” said police Lt. Dan Willis.

 Although spared manslaughter charges—and a possible 10-year prison sentence—Lohner could still face a wrongful death claim in civil court, which “holds the suspect driver financially responsible for a death, including funeral and burial expenses, lost earnings, loss of love, care, and companionship, and other damages,” according to a DUI lawyers blog published by Estey and Bomberger. 

Two days after the incident, Channel 10 News quoted McPherson's brother Brian as saying his brother was walking to a trolley station after a night of celebrating.

“He was doing the right thing by not driving. He was doing the right thing by taking the trolley. He knew he was going to have a few drinks, so he took care of that,” Brian McPherson was quoted as saying.

Lohner is a fourth-grade teacher at Freese Elementary Arts and Culture Magnet School in San Diego's Skyline area.

According to an online obituary,  McPherson was better known as Kelbob, was raised in Portland, OR, and had been a resident of San Diego since 1981.

“Everybody that has met Kelbob knows that he was a fun loving guy with a ready smile, a hearty laugh and a big heart,” the obituary said. “Kelly loved to start his day with hot coffee and his crossword puzzles. Kelly loved his sports and enjoying a round of golf with friends.”