VISTA: Man accused of killing pregnant woman pleads not guilty

Family angry that only one manslaughter count brought forward

By CHRIS NICHOLS - Staff Writer | Friday, October 31, 2008 6:13 PM PDT

Mark Allen Davidson, 21, was arraigned Friday at the Vista courthouse. He is charged with manslaughter in the death of 19-year-old Nancy Canseco, who was eight months pregnant when Davidson lost control of his car and struck her as she was walking home Oct. 23. (Photo by Chris Nichols - Staff Photographer)

VISTA ---- A man suspected of slamming a car into and killing a pregnant Vista woman last week pleaded not guilty to all charges during a court arraignment Friday.

Mark Allen Davidson, 21, faces up to 18 years in prison if convicted on all charges ---- one count of vehicular manslaughter with four enhancements for great bodily injury, five counts of reckless driving causing great bodily injury and two counts of felony child endangerment.

Family and friends of the victim, 19-year-old Nancy Canseco, expressed anger that only one manslaughter count was brought forward by Deputy District Attorney Brendan McHugh.

Canseco was nearly eight months pregnant at the time she was killed, family members said.

Her unborn child did not survive.

"Right now, we're really upset," said Veronica Lara, a friend of Canseco's family, as she and about two dozen family supporters left the arraignment. "He's (Davidson) taken two lives and he's getting only one charge of manslaughter."

McHugh explained after the arraignment that, under California law, a person cannot be charged with manslaughter in the death of an unborn child. Only in murder cases can such a count be brought forward, he said.

Davidson, a skinny man with a large gash on his nose, spoke briefly during the arraignment. Standing next to his defense attorney, Tom Kontos, he told San Diego County Superior Court Judge Marshall Hockett he agreed to plead not guilty and understood the charges against him.

Davidson, a Vista resident, was driving a 1968 Chevrolet Impala at more than 80 mph on Oct. 23 when he lost control of the vehicle and struck Canseco as she was walking alongside North Santa Fe Avenue at about 10:20 p.m.

She was just yards from her home on the 1500 block of North Santa Fe. She was pronounced dead at the scene.

Four passengers were in the Impala at the time of the crash, including two minor females, one male adult and one female adult. They, along with Davidson, were taken to local hospitals with injuries.

A 15-year-old girl was initially listed in critical condition following the wreck. She was is serious condition Friday in an intensive care unit in a San Diego hospital, said McHugh, the deputy district attorney.

Toxicology results are pending in the case. McHugh said there is no indication at this point that alcohol was involved in the crash.

Davidson, whose bail was set at $330,000, posted bond Oct. 24 and remains free.

The judge ordered Davidson to turn over his driver's license and to live with his parents for the time being.

He added that he is not to drink alcohol or leave his parents' home after 10 p.m. or face "dire consequences."

A trial readiness hearing in the case was scheduled for Dec. 12 at 8:30 a.m. at the Vista courthouse. A preliminary hearing was set for Jan. 9.

Contact staff writer Chris Nichols at (760) 740-5426 or cnichols@nctimes.com

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Pre-Registration Comments[-]Go to Top

Strange wrote on Oct 31, 2008 6:37 PM:Seems strange to me that the reporter of this story would write "Davidson, a skinny man with a large gash on his nose." Is that how we describe people now? How does the NC Times define skinny? If the victim was overweight, would the reporter describer her as "a heavy lady with acne scars?" I have no opinion on the case, just heard about it, but it seems a little unprofessional.

Debi wrote on Oct 31, 2008 7:22 PM:I don't understand why Davidson isn't being charged a second manslaughter? This was a baby that could have lived. Who also had all his vital organs! This is so wrong! I too would be upset. What makes this case so different?...

To Debi wrote on Oct 31, 2008 7:50 PM:there's a part of the article that says:
"McHugh explained after the arraignment that, under California law, a person cannot be charged with manslaughter in the death of an unborn child. Only in murder cases can such a count be brought forward, he said."

Jeff wrote on Oct 31, 2008 9:04 PM:The life of an unborn human has been cheapened to the point that it is not illegal to kill one if you have a good reason, or did not mean to do it. Obama for President!

80 miles per hour on local roads wrote on Oct 31, 2008 9:08 PM:This guy deserves many years of jail time. Hopefully the victims family will get a good lawyer.

well wrote on Oct 31, 2008 9:56 PM:it looks like society has yet decided that a child unborn is not "worthy" of justice. This is what happens when we just "accept" the relaxed laws that are in affect. We need to treat everyone born and unborn the same. ... Life can change in a second. My prayers to this family.

Artsyrat wrote on Nov 1, 2008 12:12 AM:Obama supports killing the child that survives an abortion that has gone wrong, even if it is in the third trimester! I can't believe anyone would willingly vote for a guy who supports murder of children.

This unborn baby is now in the arms of the Lord, there's no better place.

Tuck wrote on Nov 1, 2008 6:14 AM:I am confused, please help. Abortion is legal, which means it is ok to kill an unborn baby. Why would anyone expect the accused to be charged with manslaughter for the death of the baby? It is just an unborn baby. Think about that as you enter the voting booth!!!

Flaco wrote on Nov 1, 2008 6:40 AM:To Strange:
I am thin and I am offended. The NC Times owes all people who are pounds deficient an immediate apology

Gil wrote on Nov 1, 2008 8:28 AM:Since abortion is legal, we have acknowledged the fact we don't value the life of an unborn baby.

concerned wrote on Nov 1, 2008 8:42 AM:all i have to say is the guy was going over 80 miles an hour. 68 impala is a boat and that car ended up in half. a person who is that careless should never get there license back and spend a good amount of time in jail.

disturbed wrote on Nov 1, 2008 9:23 AM:well i agree the guy should spend time in jail for killing the baby and her, she wanted that baby it's not like she didnt. As for the abortion part of the comments i read, i cant say if its right or wrong but that decision should only be made by the person that is going thru that situation, most ppl complain when they dont have rights but now that your giving a choice you still complain. think bout it like this you have a daughter gets preagnat would you rather her go to lets say Tijuana and get an abortion there or get it somewhere in a much safetier place. It should be a decision of the woman not the whole world it's easy to judge but when your on the same situation it's different.

LIBZ wrote on Nov 1, 2008 9:36 AM:These are the kind of laws that are passed when liberals like Obama take over. Vote McCain, and yes on 8.

Scott wrote on Nov 1, 2008 9:45 AM:Who bailed him out? If he was my kid (mine is 19) and committed this crime, he would rot in jail, I would tell him to plead guilty as soon as possible so he doesn't burden the courts and he should keep a picture of the victim with him for the rest of his life to remind him of what his immature, dangerous, stupid actions caused.

To Disturbed wrote on Nov 1, 2008 9:54 AM:Allowing youg girls to have secret abortions at will only promotes girls to continue to have unprotected sex and loose morals. Have you ever seen pictures of full term babies ripped apart by those American butchers that call themselves doctors. Yes on parental consent.

Some respect please wrote on Nov 1, 2008 11:16 AM:Stop using this tragedy as a political platform. A young woman and her baby DIED. If you want laws changed, stop making stupid comments on useless forums, and go out and make it happen!

And since no one has thought to say it yet, my deepest sympathies to the family. Nancy and her daughter will be in our thoughts and prayers.

concerned wrote on Nov 1, 2008 11:28 AM:this started with a young man killing a young girl, and now it has some how turned in to some knid of political debate on abortions and yes on 8. neither of witch are at hand in this article.

To Scott wrote on Nov 1, 2008 2:56 PM:Obliviously you do not have children.

cHRISTINA c. wrote on Nov 2, 2008 11:07 PM:As A Close Friend Of Nancys I Do Think This Idiot Should Be Charged With 2Counts Of Manslaughter. Her Daughter Was Not Yet Born But She Very Much Existed. Why Was This Dummy Driving 80MPH In The First Place? That's VERY Recklace And He Should Do Some Serious Time. I'm Sure He'd Feel The Same If This Incident Was Flipped Around And Nancy Hit His Pregnant Sister, Mother, Or Girlfriend/Wife Killing Her And Her Unborn Child At The Scene... Maybe He Should think About That.

R.I.P. Nancy, I Love You! Gone But Never Forgotten...

people Lover wrote on Nov 3, 2008 9:00 AM:Has anyone any idea of the chances of something like that happening? I think the odds would be tremendous. Math majors?

Pensive wrote on Nov 3, 2008 2:04 PM:Would we not all agree that aborted fetuses go to heaven because they are without sin? How many babies have been born into abusive families only to rot on the inside and become abusive themselves? As my life continues to fall apart I think I would have been better off going directly to heaven. I cannot speed things along because that would be a sin. Some people are so selfish....

People Lover to Pensive wrote on Nov 4, 2008 5:52 AM:I agree that babies go to Heaven and they have not sinned but they are born in Sin, that is they are born in the Sin created by
Adam and Eve, we all are, and when we become born again, as in accepting God and Jesue, then we also may go to Heaven. Works don't get you there and neither do kindness and hard work, it gives you points though after you are reborn. If you are having a hard time, perhaps God gave you that just so you can turn to him. Thank about that.

Shocked wrote on Nov 4, 2008 7:28 PM:I'm shocked that this gi is not being charged with two counts of maslaughter. Does the unborn child not count? This is ridiculous! I'm sorry for what these two families are going through BUT he needs to be charged for the child's death. ...

em wrote on Nov 5, 2008 9:08 AM:to Jeff & Debi -

The charge of manslaughter is why the life of her unborn child isn't taken into consideration. A 'fetus' as a charge only coincides with murder, and since his charge was manslaughter, only the wording of 'human being' is written in the penal code. I agree that he should be charged with 2 counts of it, however, for that to become official, someone needs to make a comment to change the California Penal code.

its a joke wrote on Nov 10, 2008 1:25 AM:to argue over a life of a child that was unborn and minor things that dont matter is a joke. and thats exactly what is wrong with the world. there alwayse has to be an arguement about everything. its foolish but lets see what side of the arguement you go for when the enexpected happens to you. i mean just thinking about something like this happening to a love one of yours really hurts. now imagine reality stepping in and kicking you in the face. think about it. baby was probably better of not coming into a world of hate and selfishnes and going straight to arms of god.

enough is enough wrote on Dec 1, 2008 6:44 PM:Don't you people think 18 years in prison is enough for a mistake made at 21? I think its terrible two young people lost their lives, but I think it would be far worse for this young man to get 25 to life. Hes 21 for crying out loud with no criminal record. Sheesh

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