CLEARLAKE, Calif. – A Lower Lake man charged with a hit-and-run collision last fall that took the life of a well-known Kelseyville restaurateur entered pleas in the case Wednesday.

Appearing before Judge Stephen Hedstrom on Wednesday morning, James Walter Nightingale, 31, pleaded no contest to felony hit-and-run resulting in death or great bodily injury, misdemeanor vehicular manslaughter and driving on a suspended license, according to Deputy District Attorney John Langan.

Langan said Nightingale admitted violating his probation for a driving under the influence case and also violating his probation in a separate case of driving on a suspended license.

Jacob Zamora, Nightingale's defense attorney, did not respond to e-mail and phone messages seeking comment on the case.

Nightingale was charged in connection with the Sept. 24 hit-and-run that mortally injured 57-year-old Zino Mezoui, who was riding his motorcycle along Highway 29 near Siegler Canyon Road, as Lake County News has reported.

The District Attorney's Office alleged that Nightingale hit Mezoui with his Chevrolet Suburban before fleeing the scene and ditching the vehicle a short time later. He turned himself in Sept. 29 and has remained in custody since that time.

Nightingale's trial had been scheduled to start next Monday, Feb. 7.

However Zamora had filed a motion for a 60-day continuance earlier this week, citing the inability to get expert witnesses lined up and the need to assign a new investigator. Rather than go forward with the continuance, Nightingale entered the plea.

Mezoui's widow, Jan, was in court on Wednesday for the plea, accompanied by a Victim-Witness advocate.

“I'm actually kind of sick about the whole thing, but I knew their hands were tied about what they could do,” Jan Mezoui told Lake County News later in the day.

Nightingale is supposed to appear before Hedstrom again at 3:30 p.m. Tuesday, March 1, at which time both Langan and Zamora will submit their arguments about the appropriate sentence.

Jan Mezoui said she plans to be in court for the March 1 sentencing.

“I will be there and I will make a statement to the court and I will also read a couple of statements from his sons,” she said.

Langan said Nightingale could face as much as seven years in a combination of prison and jail time if Hedstrom gives him concurrent terms, although Langan said about five years is more likely.

The main charge, felony hit and run, carries probation or two-, three- or four-year terms. The lesser offenses each carry about a year in county jail, Langan said.

Another case pending against Nightingale for violation of probation for a DUI conviction could be dismissed, Langan said.

“There was no agreement or plea bargain in this case,” said Langan, adding that there is a “full range of possibilities” for sentencing as a result.

Following the plea entry, Nightingale was remanded into custody without bail, said Langan.

Langan said Nightingale could have faced as much as 11 years in prison had he been convicted of vehicular manslaughter with gross negligence and an accompanying special enhancement.

However, Langan said the District Attorney's Office didn't believe that it could prove that charge against Nightingale beyond a reasonable doubt.

“It's frustrating, but that's what the evidence showed,” said Langan.

He said he, District Attorney Don Anderson, Chief Deputy District Attorney Rich Hinchcliff and Investigator Ed Bean sat down with Jan Mezoui to discuss the state of the evidence previous to the Wednesday plea.

Langan said Jan Mezoui was frustrated with the news, and noted, “It was frustrating for us to have to tell her this.”

That meeting, which Jan Mezoui said happened several weeks ago, “was kind of overwhelming.” She said she went alone to meet with the District Attorney's Office representatives, not knowing what was happening when they called her in for the discussion.

Without being able to prove Nightingale was drinking at the time of the crash, Mezoui said officials told her they couldn't pursue the charge of vehicular manslaughter with gross negligence.

Noting that the outcome of a trial could have been the same as what took place Wednesday, Mezoui said the District Attorney's Office did everything it could do, and that she's received great support from the office's Victim-Witness Division.

Langan emphasized that had the District Attorney's Office had the evidence to push forward with the vehicular manslaughter with gross negligence charge, the office would have done so.

“This was not a case where we were going to bargain or trade favors,” Langan said.

Mezoui said her family has struggled since her husband's death.

“We're all just kinda hanging in here. I guess that's all we can do,” she said.

Along with coping with his loss they're working hard to keep his restaurant, Zino's Ristorante and Inn in Kelseyville, open and thriving.

“So far the public has been wonderful, just absolutely wonderful,” she said, also acknowledging the support she's received from friends and family.

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