Saturday, July 2, 2011

With the Help of Aimee Vierra, Elva Diaz Gets off Easy in DUI Murder Case.

Facts the Jurors Did Not Know About Elva Diaz:
  • Elva drove drunk to Santa Barbara after she killed Rachel
  • Elva drove on a suspended license after she killed Rachel
  • She had a “princess” themed party about a month after she killed Rachel and served alcohol to one or more teenagers.
  • Weeks after she killed Rachel Elva would post comments on her MySpace page that showed zero remorse. Only more partying, fun and guys.
  • While in County jail Elva told her brother “they need to get over it” – of course in reference to the family of Rachel only wanting due justice.

If the jury was allowed to know the above would their decision be different? We will never know.

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RIVERSIDE - A former ambulance driver who killed a college student in an alcohol-fueled head-on crash was convicted today of gross vehicular manslaughter.

Elva Diaz, 32, could face 10 years in prison when she's sentenced by Riverside County Superior Court Judge Mark Johnson on Aug. 5.

Diaz was at the wheel of a pickup truck that slammed into a sedan driven by 18-year-old Rachel Amaris Elliott of Irvine on Feb. 20, 2008.
Former EMT convicted of killing young woman while driving drunk
 :: The Valley News

"Nothing can bring Rachel back," the young woman's mother, Jill, said tearfully outside the courtroom. "I don't think you can ever have closure when your daughter is violently killed."


Jurors spent about a day deliberating before finding Diaz guilty of the manslaughter count. The panel could have convicted her of second-degree murder, which would have carried a minimum 15 years to life prison term.

"We're disappointed that the jury didn't go with the murder conviction, but we respect their decision," said Rachel's father, Steve Elliott. "We're at peace with letting the justice system work."

He, his wife and Rachel's brother, Erik, remembered the 18-year-old UC Irvine student as "vivacious and affectionate."

"Everyone used to say she lit up a room when she walked in," Jill Elliott said. "She was very loving and had a great sense of humor."

Johnson ordered Diaz held without bail until the sentencing hearing. She was being held in lieu of $5 million bail at the Robert Presley Detention Center in Riverside.

According to testimony from her approximately week-long trial, the defendant had spent hours drinking with her boyfriend and other associates at Sportsman's Bar on Temescal Canyon Road in Corona before taking off in her truck and heading south on Knabe Road.

Placentia police Detective Zachary Palumbo, who was dating Diaz at the time, testified that both he and the defendant were under the influence and that he tried to dissuade her from driving away, but she refused to listen.

The lawman opted not to exercise his authority and attempt to physically stop her from leaving the parking lot that night. He walked home.

Diaz traveled less than a mile on Knabe before crashing into Elliott's vehicle. According to the District Attorney's Office, Diaz crossed into opposing traffic near Claystone Avenue and ran straight into the victim at a high rate of speed.


Elliott died hours later at Inland Valley Medical Center in Wildomar. Diaz suffered minor injuries.

The former emergency medical technician's attorney, Deputy Public Defender Aimee Vierra, argued that her client was not guilty of second-degree murder because the law states that a murder conviction is only justified if a defendant who caused a fatal crash while drunk had knowledge of the potential deadly consequences of his or her behavior.

"There was no warning about the dangers of drinking and driving in this case," Vierra said.

Diaz posted a $75,000 bond after her arrest and months later left the country, traveling to Santa Cruz De Camotian, near Guadalajara, Mexico, where authorities located her last August and had her extradited back to the United States.

According to Vierra, Diaz was not technically a fugitive because her bail bond had expired and prosecutors had not filed a criminal complaint against her by the time she went south of the border.

Elliott was studying to be a forensic scientist and, ironically, had been an active participant in her high school's "Every 15 Minutes" program, which emphasizes the dangers of drinking and driving.

49 comments:

  1. What human, idiot or otherwise, does not know the dangers of drinking and driving?

    The Truth

    ReplyDelete
  2. Maybe we need college educated professional jurors..because apparently randomly picked jurors are a bunch of idiots if they cant see this one.

    ReplyDelete
  3. The whole issue that since she didn't have a previous DUI, that she couldn't be convicted of 2nd degree murder is utter garbage. If you can get a driver's license in the first place, then you KNOW that it is illegal to drink and drive. On top of that, because she worked as an emergency medical technician and had been warned minutes before the crash not to drive, she was well aware that she shouldn’t drink and drive.

    She absolutely should have been convicted of second degree murder. Diaz had a blood-alcohol level of 0.20, which is more than twice the legal 0.08 limit. If you are that drunk, you know it. She got in her car anyway.

    ReplyDelete
  4. I would have to agree with both Anonymous statements. After thinking on this throughout the day the madder I get. How could any jury listen to such argument?
    Would Aimee Vierra have the same argument if it had been her own child killed?

    What ever happened to :
    The legal principle that ignorantia juris non excusat, literally "ignorance of the law is no excuse", stands for the proposition that the law applies also to those who are unaware of it.

    Ignorance is found in many places. The California Justice System is first in line.

    ReplyDelete
  5. Justice was served...

    And the actual comment that was made was "The family needs to get over that shit already".

    ReplyDelete
  6. A form of Justice was served. Not True Justice. A greater Judge is yet to come. She can make that comment to Him.

    ReplyDelete
  7. Aimee Vierra and her friend Elva are pieces of shit and I hope they get hit by a drunk driver. I dont want them to die. I want them to suffer for the rest of their lives every day and night. All drunk drivers should be strapped in a car and slammed into a brick wall at 90 mph. If they live fine, if not, oh well, not a big loss. Eye for an eye, blood for blood!

    ReplyDelete
  8. She may have postponed her "justice," but will not escape it.

    ReplyDelete
  9. "The whole issue that since she didn't have a previous DUI, that she couldn't be convicted of 2nd degree murder is utter garbage." I agree. So, on this logic, I could purchase a pistol, Kill Elva Diaz, and since I have never killed anyone before, I would not be guilty of 1st or 2nd degree either. Cool. Nice to know.

    ReplyDelete
  10. what a piece of shit justice done.., as said by anonymous need to have some better jurors., may her soule RIP..,

    ReplyDelete
  11. I truly find it despicable that some people could be so heartless and cruel. I also find it disgusting that these kinds of people can also evade or elude the due justice that they should experience. I hope that karma gets them in the long run and they feel what the family of the victim felt.

    ReplyDelete
  12. I also find it both to be despicable and cruel that some people can be so mean.

    "Weeks after she killed Rachel Elva would post comments on her MySpace page that showed zero remorse. Only more partying, fun and guys.
    While in County jail Elva told her brother “they need to get over it” – of course in reference to the family of Rachel only wanting due justice."

    That is a good example of that. I hope that deep down, she feels remorseful about what she did. I also hope that karma gets her in the long run, too.

    ReplyDelete
  13. Drinking is not good for health. It makes lots of problems and spoil the entire life

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  14. That's awful, proven science "for every force there is an equal and opposite force" that drunk driver has whats coming to them...

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