'I don’t think this guy made it': Witness testifies about deadly hit-and-run crash

SAN DIEGO (FOX 5/KUSI) -- Two witnesses who saw a crash that killed a beloved University Heights bartender and its aftermath testified on the third day of trial.

Brandon Janik is charged with 8 charges including murder, DUI and insurance fraud charges, related to the death of Joshua Gilliland.

Gilliland was walking to work at Cheers, just as he had done for more than 20 years, when he was crossing the street and was hit and killed by Brandon Janik on June 10, 2023.

Gilliland's friends and family have been in the courtroom since the case started. On Thursday, the prosecutor detailed the moments of Gilliland's death, which was an emotional moment for the loved one in the courtroom.

“A pedestrian just got hit by a car," audio from a 911 call could be heard as it was played in the courtroom.

“Just based on the speed and kind of the sound that was made when he was hit, the first thought that went into my mind was that i don’t think this guy made it," said Nishant Garg, who witnessed the incident.

“It happened very quickly," Garg said, adding he remembers the pedestrian was carrying what looked like a box of leftovers. "And I remember seeing food flying in the air and a hat.”

“I called my friend who I had just dropped off two blocks away who is also a trauma surgeon and I said I can’t turn around," Nishant Garg, who is in the medical field, said he told his friend. "You gotta run to the intersection and start doing CPR, check if this guy has a pulse.”

While others stopped to help, the driver Brandon Janik did not. He is accused of driving drunk.

Prosecutors are trying to prove to the jury that Janik was intoxicated during the hit and run. While the defense has said there is no proof that Janik was driving under the influence. No blood tests or breathalyzer results exist because Janik was arrested about three months after the deadly incident.

In court on Wednesday, another witness had testified they had seen Janik passed out in the driver's seat of his BMW loaner vehicle and the witness had called 911. She testified that after paramedics got to the scene and told him not to drive, he ended up getting back into the vehicle and driving off - moments later, hitting and killing Gilliland.