Josh Klinghoffer is scheduled to be arraigned today (September 26) following a car accident which left a pedestrian dead.
The former Red Hot Chili Peppers guitarist is to be charged with vehicular manslaughter without gross negligence.
The arraignment and plea is to be issued at 8:30 a.m. PT (16:40 BST) at the Alhambra courthouse in California.
Earlier this year, he was sued over the incident for wrongful death and negligence by the victim's daughter.
According to a report in TMZ, the accident took place on March 18, when Klinghoffer was behind the wheel of a Black 2022 GMC Yukon, and driving down Meridian Avenue near West Main Street in Alhambra. As the musician was making a left turn while allegedly using his phone, he struck 47-year-old pedestrian Israel Sanchez, who later was pronounced dead at the Huntington Hospital in Pasadena due to his injuries.
Footage of the incident obtained by TMZ shows the car pulling to the side of the road and a man stepping out and apparently calling 911, before returning to the vehicle.
Kinghoffer's lawyer Andrew Brettler said at the time: "It was a tragic accident. After Josh struck this pedestrian in the intersection, he immediately pulled over, stopped the car, called 911 and waited until police and the ambulance arrived. Obviously, he's cooperating with the police throughout the traffic investigation. This was purely a tragic accident."
However the Sanchez family lawyer, Nick Rowley, stated that they “have a video of him on his cell phone at the time he hit and killed Israel Sanchez.”
He continues: “Israel Sanchez was on his way to the grocery store to make soup for his family and never came home. He did everything right, looking for oncoming traffic and abiding by pedestrian signage, but tragically Mr. Klinghoffer, in a rush and on his phone, hit him fatally from behind with a large SUV.
"The loss and grief that the Sanchez family now faces is immense. We will not stop until there is accountability and justice for Mr. Sanchez and his family.”
Rowley adds: "Video of the incident shows that Defendant Klinghoffer made no efforts to brake or slow down until after he fatally struck Mr. Sanchez, indicating that Klinghoffer was likely to be driving while distracted.
Attorney Andrew B. Brettler denied that Klinghoffer was distracted, and states to KTLA 5 News: "It's clear from the evidence that Mr. Klinghoffer was not on the phone at the time of the accident.
"This was a tragic accident. There was no criminal intent, nor is any alleged."
Klinghoffer played guitar for the Red Hot Chili Peppers for 12 years, appearing on 2011's I'm With You and 2016's The Getaway.
After his disbandment from the band in 2020 following guitarist John Frusciante's return, he performed as a touring member of a number of bands including Pearl Jam and Jane's Addiction.
