The man allegedly behind the wheel during the deadly mid-morning crash makes a court appearance.
Daus was arraigned in San Diego Superior Court on Tuesday. He pleaded not guilty at the hearing. Police said he was drunk when he pulled away from an ATM and crashed into the restaurant. Daus has been convicted in the past of reckless homicide, according to prosecutors.
Smith, 66, was thrown out of his seat while he was eating. He was tossed from one end of the restaurant to the other, police said, and died at the scene. Smith wa a retired teacher and regular customer who always sat in the same spot, an employee said after the crash.
Daus' trial is scheduled to begin on June 1.