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Drunk driver found guilty in killing University Heights bartender

Brandon Janik, 38, was accused of driving drunk and killing Joshua Gilliland, a longtime bartender at University Heights LGBTQ bar Cheers.

SAN DIEGO — A man accused of killing a beloved San Diego bartender in 2023 was found guilty of first and second degree murder Thursday afternoon.

Brandon Janik, 38, was accused of driving drunk and killing Joshua Gilliland, a longtime bartender of LGBTQ bar Cheers in University Heights. Janik was charged with first-degree murder because of a previous DUI on his record. 

Janik faces 15 years to life in prison, in addition to an additional eight years due to a prior DUI conviction.

Prosecutors told the jury Janik fatally hit Gilliland then fled the scene in an attempt to cover up his involvement. He was arrested three months later.

In Thursday's closing arguments Janik's defense attorney said prosecutors cannot prove he was intoxicated when the crash happened and should not be found guilty. His attorney did not dispute Janik hit Gilliland, but that he did not do his "civic duty" by getting out and calling for help after the crash.

The Deputy District Attorney says the reason there's no breathalyzer or blood test results is because Janik fled the scene. 

Gilliland died four days after he was transported to the hospital.

CBS 8 has followed his trial and was in the courtroom for closing arguments and several testimonies, including eye witnesses of the crash. 

Pierceton Crawford, a witness who took the stand in October, testified he saw a pedestrian, later identified as Gilliland, walking across Park Boulevard in the crosswalk when a dark-colored sedan struck him and sped off. Crawford was driving with his 6-year-old son when he saw the collision. 

Crawford said Janik didn't break before or after hitting Gilliland, but slowed down "as if he couldn't believe he'd hit someone" before he drove away. 

Another witness called in October was Fatima Cheatom, who went on at least one date with Janik the day of the accident. She testified the pair had multiple drinks over the course of the afternoon, and may have met up that evening for more drinks, but couldn't recall. Cheatom took the stand more than a year after the fatal crash happened. 

WATCH RELATED: Vigil held for beloved bartender killed in hit-and-run while walking to work

CBS 8 spoke with Gilliland's loved ones last year. 

Gilliland's friend Lisa Kogan said his love still surrounds them even after his death. 

"He was just a sweet and gentle and kind soul. So gentle,” she said. “This is heartbreaking for everyone involved." 

Kogan said Janik's family profusely apologized to Gilliland's loved ones last year -- and she wants to choose forgiveness. 

It's our friend that we lost but there's so many people that this is a loss and tragedy for besides Josh, like Brandon's family and his children. It's a lose-lose for everyone involved," Kogan said.

Mickey De Guia was Josh’s coworker at Cheers. Gilliland had worked at the bar for 20 years. 

"Everybody was endeared to him for good reason," De Guia said. "He could serve you one drink, and by the end of that, he was your best friend. He was goofy, he was genuine. He didn't forget people. He actually called. He told people he loved them. He was just naive in all the right ways. Josh, I, many of us who are bartenders, we actually do what we can to prevent things like this from happening."

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