Murder two

Driver who fled accident that killed Cheers bartender ordered to stand trial

By Neal Putnam

A hit-and-run driver has been ordered to stand trial for second-degree murder in the death of a local beloved bartender, Joshua “Josh” Gilliland, who was fatally injured while walking to work last year.

Gilliland, 47, had worked at Cheers, a local LGBT bar located on Adams Avenue in University Heights, for 20 years when he was struck on June 10, 2023, at the southeast corner of El Cajon and Park boulevards. He died four days later in a hospital.

Brandon Allen Janik, 37, of North Park, was also ordered to stand trial for gross vehicular manslaughter while intoxicated, DUI while having a prior DUI conviction, hit-and-run in a traffic fatality, and three counts of presenting false auto insurance claims.

The attorneys at the preliminary hearing told San Diego Superior Court Judge Steven Stone the cause of death was blunt force trauma to the head.

San Diego Police officer Gabriel Torres said the driver ran a red light at 10:45 pm before striking Gilliland, who was not at fault.

Detective Justin Beal said Janik’s vehicle was a rented BMW and that Janik took it to a repair shop. The front windshield was damaged, mostly on the passenger side.

Det. Beal said Janik first told a worker that the BMW was already damaged when he rented it, but the employee told him it was against policy to rent a damaged car to customers.

Janik then said the damages to the car occurred when he backed into something, and claimed he felt “a thump,” Beal said, according to the repair shop worker, who later told the detective that it was an inconsistent story.

Juan Garcia, an insurance investigator, testified as an online witness on a video screen. He said he called Janik about the car’s damages and his explanation was inconsistent with striking a post.

Detective Michael Gottfried said Janik had the windshield replaced for $460 and told an employee he had run into a metal pole, for which he provided a photo.

Other witnesses Beal interviewed said Janik had four alcoholic beverages at two bars that day.

Det. Gottfriend said he recovered Janik’s phone and noticed there were two articles about the crash that killed Gilliland.

Deputy District Attorney Laura Evans said in court that Janik was convicted of misdemeanor drunk driving in January of 2016, and attended a panel discussion put on by Mothers Against Drunk Driving as part of the DUI program.

Another witness testified that he saw Janik swaying as he was walking around earlier that night, and that he needed help getting out of his car. A woman testified she heard him slurring his words.

Janik’s attorney, Justin Murphy, said there was no evidence his client was intoxicated, as he was not arrested until Sept. 5, 2023. The witnesses who claimed Janik was drunk were not people who were trained to observe intoxication, Murphy continued, and one person saw Janik through a window.

DDA Evans asked Judge Stone to order Janik to stand trial on all charges, saying one witness saw him slumped over the steering wheel at one point before the crash. Stone ruled there was probable cause for a trial on all counts.

Janik pleaded not guilty and waived his right for a speedy trial. He remains in jail without bail and will next appear in court to set a trial date on May 8.

On June 15, 2023, the day after Josh passed away, friends and community members participated in a vigil to “finish Josh’s walk” and draw attention to the three-way intersection of Normal Street and El Cajon and Park boulevards, as some feel it is dangerous.

To read our previous coverage of the accident, Josh’s death, and the vigil, visit lgbtqsd.news/finishing-joshs-walk. 

–Neal Putnam is a local crime reporter. You can reach him at nealputnam@gmail.com.

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