A passenger in the BMW that killed cabdriver Zeki Mohammed Tovi in Pacific Beach last March was himself prosecuted as an accessory to the crime . The driver of the vehicle previously pleaded guilty to vehicular manslaughter with gross negligence on July 25, the third day of his preliminary hearing.

Adam Joseph Combs, 24, of Loma Portal, was riding in the BMW X5 sport utility vehicle when driver and owner Anthony Michael Valanos, 26, ran a stop sign at 45 mph at the intersection of Haines Street and Thomas Avenue early March 25. The 38-eight year-old taxi driver's Crown Victoria cab was hit broadside, killing him.

Combs told San Diego Superior Court Judge Michael Wellington Aug. 28 that he cautioned Valanos about driving too fast through a residential neighborhood. After the crash, Combs said he, Valanos and another passenger walked away from the wreck, leaving the overturned taxicab and Valanos' heavily damaged vehicle at the scene. Combs testified that he and Valanos took a cab to Combs' residence, where Valanos spent the night.

Combs was charged April 10 as an accessory after the fact; he pleaded guilty in July before Judge Frank Brown, who set sentencing for Thursday, Sept. 14. Combs remains free on $30,000 bond.

Combs faces a maximum sentence of three years in prison and a $10,000 fine. His lawyer said he plans to argue that the felony accessory conviction be reduced to a misdemeanor, for which Combs could get little more than probation.

Valanos also pleaded guilty to a charge of hit-and-run that ended in death, for which he faces a maximum sentence of 11 years in prison. Probation has been ruled out for Valanos and he remains free on $1 million bond.

San Diego Police officer Michael Brindell testified that Valanos claimed his car was stolen after he, Combs and Brent LaBarrere went to Moondoggies in Pacific Beach to drink earlier that night.

After interviewing LaBarrere, police discovered that Valanos and Combs had left the bar with Aaron Sanchez.

Brindell testified that he went back to Combs, who said he had "forgotten" that Sanchez rode in the back seat that night. Deputy District Attorney Sophia Roach said Combs was charged as an accessory because he was helping Valanos cover up the crime and that he had unlawfully harbored Valanos, who was avoiding arrest following the incident.

Combs testified that he and Valanos drank alcohol at the bar, but did not discuss who would drive.

"I believe I told him to slow down. I felt we should slow down on the side streets of PB," Combs said.

After the crash, which left Tovi pinned inside his overturned taxicab, the trio walked away, but according to Combs, Sanchez began "freaking out" and said, "Leave me out of it."

The three men caught a cab and Sanchez went his separate way from Valanos and Combs.

Valanos' attorney, Myles Berman, showed Combs a large exhibit listing a variety of alcoholic drinks he and Valanos may have consumed at Moondoggies, from which Combs identified a few beers and a Seagram's Seven drink.

Berman questioned Combs about what time these drinks were consumed, breaking it down to 30-minute intervals, but Combs could not pin down the times. The judge, apparently annoyed with the line of questioning, directed Berman to stop.

Valanos's guilty pleas on the final day of his preliminary hearing came as a surprise to many, through Combs' earlier testimony could have played a role.