Drunk Driving Stories and News

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

2011-07-02T06:28:00.000-07:00

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.

Ashton Sweet, 14 Murdered by 26-year-old Austin Farley

2011-07-02T06:07:00.000-07:00

IRVINE, Calif. (KABC) -- Irvine teenager Ashton Sweet, 14, has been declared deceased, according to the Irvine Police Department. Sweet was riding in a car struck by a drunken driver Sunday.

Sweet's parents had made the determination to allow for organ donation, according to the Orange County Sheriff/Coroner's Office.

Sweet and three of her girlfriends were being driven home from a birthday party about 1:15 a.m. Sunday by the father of one of the girls, when they were hit by a suspected drunk driver in a Toyota pickup truck. The collision occurred at the intersection of Culver Drive and Irvine Boulevard.

Two of the girls in the car with Sweet were hospitalized and then released. A third passenger, a 15-year-old girl, remained in critical condition Tuesday but was expected to survive.

The driver of the truck, 26-year-old Austin Farley of Irvine, remained in custody on $1 million bail for suspicion of felony drunk driving. He was scheduled to appear in court on Wednesday. Court records show Farley has a long criminal history and pleaded guilty to DUI in 2009.

Sweet was being kept on life support so her organs could be evaluated for donation. She was declared dead Tuesday afternoon.

Friends showed their support Tuesday for Sweet. Almost everyone arriving at Northwood High School Tuesday wore white in honor of Sweet, who was a freshman cheerleader.

"Instead of wearing black, we want to remember her for wearing white," said 10th-grade student Daniel Yoo. "So we can remember her sweet life as she lived and how nice she was."

A vigil was also held at the scene of Sunday morning's crash.

"He took the life of one of the greatest people I've ever known," said friend Leah Nawav. "Her last name defines her. She was always sweet. She's going to be missed a lot."

"If it was an accident, people would be like, 'OK, it's an accident,'" said friend Arman Ghomi. "But when it's a drunk driver, the guy was irresponsible and the guy shouldn't have drank. It's just too many people die from drunk driving."

All week, Northwood High's principal is bringing in extra counselors.

"It certainly won't be business as usual," said Principal Leslie Roach. "A lot of kids in our community were absolutely devastated by this accident."

Students said seeing the sea of white helps them cope.

"Even though it is such a sad event it kind of brings the community as a whole," said 10th-grade student Ryan Tran.

17-Year-Old Douglas Uselton and Father Killed by Drunk Driver Rafael Lopez

2010-12-20T13:49:00.000-08:00

Once again another young life taken for the sake of a drink.

17-yearold Oxford Academy senior Douglas Uselton and his father Steven Uselton were killed by drunk driver Rafael Lopez in Buena Park, CA.

Father and son were driving from their Buena Park home to the school campus to meet classmates for a speech and debate tournament around 5:30 AM. 18-year-old Rafael Lopez of Anaheim ran a red light and struck Uselton's car at a hight rate of speed. Like most drunks - Rafael Lopez walked away with minor injuries.

Read More Here

Douglas Uselton with his Father
angel lopez

Drunk Driver Rafael Lopez:

Fugitive [Elva Diaz] Captured in Mexico. She is now behind bars in Riverside, CA.

2010-08-02T11:16:00.000-07:00

Woman accused of killing Orland teen in car accident returned from Mexico

Friday, Jul 30 2010, 4:35 pm
By Rob Parsons/Tri-County Newspapers

The woman authorities believe is responsible for the 2008 drunken driving death of an Orland teenager was extradited from Mexico to Southern California earlier this week to face murder charges.

Riverside County prosecutors believe Elva Diaz was drunk Feb. 21, 2008, when she was reportedly driving south in the northbound lane on Knabe Road in Corona, Riverside County District Attorney Rod Pacheco said in a statement.

Pacheco said, while speeding down the wrong traffic lane, Diaz smashed head-on into the oncoming vehicle driven by Orland’s Rachel Elliot.

Elliot, 18, died early the following morning in a Wildomar hospital. She graduated from Orland High School in 2007.

“Officers investigating the crash found that Diaz was an ambulance driver and an emergency medical technician and that she chose to drive even after being told not to by her boyfriend and others at a bar, where she had been drinking prior to the crash,” Pacheco said.

Her reported blood-alcohol level at the time of the crash was .20, nearly three times the legal limit, according to investigators.

Diaz, 31, reportedly fled the state in 2008 after posting bail and sought refuge from family members in the remote Mexican town of Santa De Camotlan, which is about 2.5 hours outside Guadalajara.

The Riverside Fugitive Apprehension Task Force assumed custody of Diaz late Tuesday afternoon after she was flown to Los Angeles, Pacheco said.

Diaz was arraigned Thursday in Riverside County Superior Court, but did not enter a plea to charges of murder, vehicular manslaughter while intoxicated and driving on a suspended license for a prior DUI, according to Riverside County Jail records.

Diaz remains in custody at the Robert Presley Detention Center in Riverside in lieu of $1.5 million bail.

She is due back in court for a bail reduction motion Monday and on Aug. 12 for arraignment.

John Hall, a spokesman for the prosecutor’s office, said despite frustration over the two-year delay, investigators stayed on the case and “were adamant about tracking this defendant down.”

“Any time there’s a death involved, we make it a high priority to seek justice for the family,” Hall said in a telephone interview Friday.

Hall said Riverside investigators worked closely with the U.S. Marshal Service and Mexican immigration authorities to locate and arrest Diaz.

“Once we obtain information that she was staying with relatives, we followed that until she was apprehended,” Hall said.

Diaz is a U.S. citizen originally from West Covina, but was living in Corona at the time of the crash, Hall said.

Elliot was living with extended family while attending the University of California, Irvine, working towards a career as a forensic investigator.

Remembered by friends and family as a top student with a good-natured friendly attitude, Elliot was well known in Orland, despite only living in the community for just four years.

A year after her tragic death, Orland students dedicated a bronze plaque commemorating the popular teenager during the high school’s highly emotional 2009 graduation ceremony.

Orland schools Superintendent Chris von Kleist called Elliot “a great person” said her death was “a total tragedy” for anyone that knew her.

“I’m glad they finally caught someone and I hope she pays for what she did for a very long time,” von Kleist said Friday.

Steve Elliot, Rachel’s father, said he was relieved to hear authorities had finally made an arrest.

“It’s taken a long time to get to this point,” Elliot said Friday. “But, obviously, nothing can bring Rachel back.”

Elliot said he was thankful for the continued efforts of the Riverside Fugitive Task Force, which kept his family abreast of developments and helped them to never lose hope.

The father said that he and his wife, Jill, along with their 19-year-old son, Erik, have struggled with their tremendous loss in every way imaginable.

“Of course, there’s the emotional toll, the financial toll and the grief that’s just very, very difficult,” Steve Elliot said.

If the case goes to trial, the Elliot family plans to attend as much as possible, Elliot said.

Saying he hoped Diaz would be held accountable and face the consequences for the pain his family has suffered.

While acknowledging that nothing is likely to quell his family’s tremendous grief, he is now hopeful that the person investigators believe to be responsible will not simply get away with it.

Diaz has not been convicted of any crime.

“Rachel was a good girl who had dreams and hopes and plans and her life was just snuffed out by some irresponsible person - there has to be consequences for that.”

Drunk driver Ryan Ellmore murders 17-year-old Charlotte Blackburn and is jailed for only eight years.

2010-01-23T10:51:00.000-08:00

Does judge Christopher Ball really think 8 years is a fair price to pay for the death of a 17-year-old girl? Also, what kind of example does this set for others? Until judges get tougher in the courtroom we will see more murders like this one.

THE STORY:

By Daily Mail Reporter
Last updated at 12:16 PM on 22nd January 2010

A young driver who mowed down and killed a 17-year-old girl after drinking 'anything he could get his hands on' has been jailed for eight years.

Ryan Ellmore, 20, downed 'vast amounts' of lager, whisky and vodka until he was 'staggering drunk' and was thrown out of the pub, a court heard.

The diabetes patient had ignored 'express warnings' by doctors not to drink after he had been prescribed the powerful drug warfarin.

But despite being obviously 'smashed', Ellmore got behind the wheel and roared off at high speed before losing control, mounting a pavement and running down pretty schoolgirl Charlotte Blackburn, 17, as she walked home with a friend.

Chelmsford Crown Court heard how Charlotte, who was friends with Ryan, died almost immediately as she was struck in her home town of Harwich, Essex, on May 25 last year.

Ellmore, an electric engineer, ran away from the scene of the crash before returning and begging friends not to call the police.

After he was arrested later at home, he fell over at the police station and had to hold on to a table to keep his balance.

Tests showed he was 'well above' the legal drink drive limit, and also had traces of cannabis in his body.

The court heard he had he had been driving at almost twice the 30mph speed limit before tha crash. His driving licence had lapsed because he had not sent off medical forms about his diabetes to the DVLA.

Judge Christopher Ball QC sentenced him to serve eight years in a young offenders' institute and banned him from driving for eight years.

He said: 'The courts are only too familiar with having to grapple with the tragedies of these kind of incidents where innocent people have their lives snatched away from them by momentary acts of madness.

'Judges are left saying, "Why won't the young listen? Why must they drive so fast? Why must they drink? Why must they take drugs?"

'They don't listen so these tragedies keep happening.'

The court heard Ellmore, from Harwich, had been warned by his consultant not to drink after he was admitted to hospital for renal failure and he was also told he must test his blood sugar levels before driving.

Prosecutor Samantha Leigh told the court there was no evidence Ellmore had tested himself before driving and had lied to friends that he was now allowed to drink.

She said Ellmore drank 'vast amounts of alcohol' at the pub before being thrown out for 'aggressive behaviour'.

She said: 'The defendant was said to have drunk various shots, vodka and Redbull, Jack Daniels and coke, anything he could get his hands on.

'Selfish': diabetic Ryan Ellmore had downed 'vast amounts' of lager and spirits before climbing behind the wheel 'He was described as being "smashed, staggering around" and "staggering drunk" ... the defendant was ejected.'

The court heard Ellmore then went and picked up his Nissan car, which was a courtesy vehicle because his own car had been in an accident, and drove back to the pub where friends told him he should not be driving.

He was said to have sped off after performing a wheel spin. Minutes later, at about 1am, Ellmore came around a sweeping bend, mounted the pavement and crashed into Charlotte.

His car then ploughed into a house on the opposite side of the road and he fled, the court heard.

In March last year - just two months before killing Charlotte - Ellmore had been found drunk and asleep in his car and was later banned from driving for six months for failing to provide a breath sample, the court heard.

Ellmore, who admitted causing death by dangerous driving, showed no emotion as he was sentenced to eight years in prison.

Speaking outside court, Charlotte's father Neil paid tribute to his daughter.
He said: 'Charlotte's death has had a massive and devastating impact on her family, friends and the whole community of Harwich.

'She was a beautiful, caring, fun loving and very popular girl. She had everything to live or and now we will never hear her laugh or smile again.

'Our world has been shattered and our sentence and the pain will go on forever, whereas Ellmore will be able to start his life again.'

Inspector Steve Brewer, of Essex Police, said: 'This was one of the worst crashes that we have investigated.

''Ryan Ellmore acted in a totally selfish and mindless manner. Tragically Charlotte stood no chance when she was struck by Ellmore's car.'

Cloverdale Hit and Run - $15,000 Reward. Victim: Kody Williams, 19.

2009-08-06T14:18:00.000-07:00

Special Announcement From This Site:

PLEASE HELP FIND KODY’S KILLER!

Kody Quinn Williams of Orland, CA was an outgoing, big-hearted 19-year-old young man who was famous for helping the down and out. Kody loved his family and friends and made every effort to live life to the fullest, but tragically his life was cut short.

http://www.kodywilliams.com

On the evening of February 19, 2009 at approximately 7:45 PM, Kody was struck by a hit and run driver as he walked along Citrus Fair Drive under the Highway 101 over pass in Cloverdale, CA. As Kody lay helpless in the roadway the vehicle that struck him left the scene. Kody never regained consciousness and as a result of his injuries, Kody died two days later.

Currently there are no known witnesses to this incident. If you were a witness to, or have ANY information regarding this incident, please contact Officer Mike Campbell at Cloverdale police department (707) 894-2150.

Persons providing tips and information may do so ANONYMOUSLY.

A $15,000 reward is being offered to anyone who provides information that leads to the arrest and conviction of the hit and run driver who killed Kody Williams.

Kody’s death has devastated his family and friends beyond words. The fact that there has been no justice for Kody due to lack of evidence in the case causes tremendous pain for his family. If you have ANY information regarding the events that took place on February 19, 2009, please contact Officer Mike Campbell at Cloverdale police department (707) 894-2150. Remember there is a $15,000 reward for information which leads to the arrest and conviction of the person who killed Kody, and you may remain anonymous.

NEWS ARTICLE:

Police Offering $5,000 Reward on information regarding the hit-and-run death of Kody Williams. Incident happened February of this year. Please read full news article bleow for more details.

Victim of Cloverdale hit-and-run dies of injuries.
19-year-old Kody Williams struck while taking a walk.

Police Offering $5,000 Reward

By LAURA NORTON
THE PRESS DEMOCRAT

Published: Tuesday, February 24, 2009 at 4:03 a.m.
Last Modified: Tuesday, February 24, 2009 at 4:03 a.m.

At 19 years old, Kody Williams was just starting to figure out what he wanted in life, his family said.

Related Links:Cloverdale police: Reward in hit-run that injured man He was working with his step-dad's construction company in Cloverdale for the time being, but the former high school wrestler was thinking about joining the Navy. As he had since he was a youngster, he was saving money for his future -- whatever it might hold.

All that came ended Thursday night when Williams was struck by a hit-and-run driver as he took a walk.

He died Monday morning.

"He was strong. He was a beautiful soul. He is going to be missed so much," said his mother, Kim Sandate of Orland.

Cloverdale police are offering a $5,000 reward for information leading to an arrest and conviction of the driver.

Williams left his stepfather's house at 7:35 Thursday night, Sandate said. "He got up and said 'I'm going to take a walk.' He walked just a few blocks," she said.

He was struck at about 7:50 p.m. while walking along Citrus Fair Drive under the Highway 101 overpass. He was spotted lying partially in the roadway by the driver of a passing Sonoma County Transit bus. He was taken to Santa Rosa Memorial Hospital and never regained consciousness.

Williams, the third of seven siblings, graduated from Orland High School last June. He wrestled in high school and loved being outdoors, Sandate said.

"Fishing, golfing, anything," she said.

Cloverdale Police are asking for the public's help in identifying any suspicious vehicles that may have been in the area of Citrus Fair Drive between Cloverdale Boulevard and Asti Road at the time of the crash.

Cloverdale police do not have a description of the, but said it may have damage on the front passenger side.

They are also asking anyone who drove through the area between about 7:30 p.m. and 7:50 p.m. Thursday to call Officer Mike Campbell at 894-2150.

Yanira Ramirez Gets Nearly 10 years For the DUI Murder of Pauline Samantha Portes

2009-07-27T17:50:00.000-07:00

Drunken driver fights back tears at sentencing. Defendant drank before she got behind the wheel and drove the wrong way on the 55 Freeway.

By LARRY WELBORN
The Orange County Register
Comments 31 Recommend 0

SANTA ANA – A single mother of two fought back tears, apologized and asked for forgiveness moments before she was sentenced to nearly 10 years in prison today for causing the death of a college student in a drunken, wrong-way crash on the 55 freeway in November 2007.

DUI Victim Pauline Samantha Portes

Superior Court Judge Gary S. Paer called the Nov. 30, 2007 death of Pauline Samantha Portes, 19, "a complete disaster for all involved" before he sentenced Yanira Ramirez, 28, of Fontana, to nine years and eight months in prison for vehicular manslaughter.

Paer said his sentencing decision was a tough one, especially after he heard poignant victim-impact statements from several of Portes' family and friends who packed the gallery of the 10th floor courtroom.

"I never knew how hard it was for a mother to lose a child until it happened to me," wept Teresa Angeles, the victim's mother. "It seems like a part of me was broken and I don't know how I could mend it back."

Pauline Portes, who was called Sam by her family and friends, was killed when the small pickup truck in which she was a passenger was hit head-on on the 55 freeway in Orange near the Lincoln Avenue off-ramp by a sedan driven by Ramirez in the early morning hours of Nov. 30, 2007. Steven Nguyen, her boyfriend, the driver of the pickup, was injured.

Authorities could not determine how Ramirez ended up driving the wrong way on the freeway.

Ramirez told Paer she does not remember the collision or what led up to it, but even so she acknowledged that she cannot justify her actions.

She admitted to investigators to drinking four Crown Royal and colas, two Patron tequila shots and three Jagermeister "bombs" earlier in the evening at the Cheesecake Factory and Tia Juana's bar in Irvine, according to police reports.

She was raising two children, 9 and 5, and did not have a prior record for driving under the influence.

Deputy District Attorney Jason Baez called Portes' death an "aggravated case" caused by the grossly negligent driving of the defendant.

Baez asked for the maximum sentence of 13 years, eight months.

Contact the writer: 714-834-3784 or lwelborn@ocregister.com

Alleged Drunk Driver [Elva Diaz] Kills 18 Year Old Student. Now She Is A Fugitive!

2009-06-21T21:23:00.000-07:00

Elva Diaz was captured in Mexico in July, 2010!

This blog was created in memory of Rachel Elliott. She was killed last year at age 18 by an "alleged" drunk driver Elva Diaz. Justice for Rachel's case has been a long time coming and now that an arrest warrant has been released, the woman who killed Rachel has fled! Rachel's family was very much hoping for justice and closure, but she is trying to take that from them too.

There is a lot to say about this story. If you have the interest and time please visit the following websites:

http://www.rachelelliott.org/ - Memorial Website

http://www.findelvadiaz.com/ - PLEASE HELP! This is a REWARD website. We are hoping for leads in this case such as Elva Diaz's whereabouts.

After Violent Loss, Family Walks a New and Painful Path - Jason Shein Update

2009-06-16T11:07:00.000-07:00

By ROBIN FINN
Published: May 15, 2009

AL and Betsy Shein, dry-eyed but red-eyed, were huddled in the dining room of the white Cape (its black shutters are unintentionally poignant) they bought here in 1979 and have owned outright since paying off their 30-year mortgage in February. That occasion should have called for a small celebration, or at the very least an exhalation of great relief for reaching a milestone right on schedule, were it not for what happened to the Shein family on Thanksgiving weekend in 2008. Since then, there have been no celebrations and no relief.

No social life, either. Not unless you count the April 27 dedication of a commemorative brick and a teak garden bench at the Mothers Against Drunk Driving-sponsored Wall of Remembrance and Garden of Awareness at Farmingdale State College. A metal plaque on the Sheins’ brick (there are more than 2,000 bricks in the wall, 300 of which are spoken for by other families who have lost loved ones to drunken driving) is engraved with this message: Jason D. Shein Forever in Our Hearts Love, Mom, Dad, Deena, and Jami. The same message — bordered by a pair of baseball players at bat, homage to Jason’s love of baseball and all things Yankees — is engraved on the headstone soon to be installed at Jason’s gravesite at Pinelawn Memorial Park in Farmingdale.

And on May 31, when MADD holds its annual 5-kilometer Walk Like MADD fund-raiser, Team Shein, which numbers 200 friends and relatives and has raised roughly $12,000, will lead the 50 teams, all of them linked to victims of drunken drivers, who registered to help MADD reach its goal of $85,000. It is an honor the family wishes it had never received.

What happened that holiday weekend was that the tightly knit Shein clan was irretrievably reduced by one when the baby of the family, 21-year-old Jason, an aspiring neurologist with a knack for making and keeping friends, was killed by what the police say was a drunken driver who crossed a double yellow line and plowed into the Sebring convertible Jason was driving home from a reunion dinner at Applebee’s with three high school pals.

According to police investigators, Jason Shein was both a blameless victim and a powerless victim: he never had a chance to avoid the sports utility vehicle that hit him, driven by Persi Esquivel, 46, of Valley Stream.

Mr. Esquivel, on probation at the time for a 2006 drunken-driving conviction, had been drinking at a Saturday night dance held at a Hempstead Union Free School District building and hosted by the Diocese of Rockville Centre, the police said. He has pleaded not guilty to 31 counts, including driving while intoxicated and aggravated vehicular manslaughter, a charge that could put him in prison for 25 years. Those charges are small consolation to a family that will never again hug Jason, a college senior who was giggly, extroverted and happy-go-lucky (on the day he died, he had posted a triple smiley face rating on his MySpace page).

Betsy Shein struggles to get herself out of bed in the morning and said she was able to get to sleep at night only with the aid of medications prescribed by a psychiatrist. Describe her as a basket case, and she nods her acquiescence. It is what it is. Grief, that is.

Al Shein has returned to his job as a top-level mechanic for Con Edison, but it no longer holds much meaning or challenge: He is so good at it, he said, that he can put himself on automatic pilot and still get the work done just right. His co-workers, many of whom have been in the trenches alongside him for decades, know enough not to joke around with him as they used to do. Empathy is what they have sent his way since last Thanksgiving.

He is grateful for their solicitude, but not fixed by it. His wife is grateful for, but not fixed by, the needy, slurpy, exuberant presence of 10-month-old Madison, the golden retriever puppy she brought home last fall to fill a void: the empty nest syndrome that ensued after Jason, the youngest of their three children, transferred to the University of Miami for its superior pre-med program and stopped bringing his laundry home on weekends from SUNY Binghamton. She loved doing his laundry.

Al loved sitting on the living room sofa and watching movies with him: the last one, selected and talked up by Jason, was “Casino Royale.” They watched it together on Nov. 29 just before Jason borrowed the car, said “See you later” and never came back. Al still has the movie on tape. Betsy still has her son’s plane ticket back to Miami pressed under the glass top of the coffee table along with funeral roses and other tragic memorabilia.

Jason Shein was killed instantly, his face and body mangled beyond easy recognition; his three friends were injured, one of them seriously. The family of that friend is now suing the Sheins’ insurer. The Sheins are suing Mr. Esquivel, the diocese, the school district, you name it, and girding themselves for not one but at least two court trials: one criminal, one civil. Nothing very personal, except that it is all too personal.

“I wasn’t ready to say goodbye to him,” said Betsy Shein. “One minute we’re looking around for a caterer for our daughter’s wedding” — Deena, 32, had just become engaged last fall and at Thanksgiving had asked Jason to join the wedding party — “and the next thing you know, we’re scrambling to find a funeral home for our son. He was the light of my life.”

Jason had been a bit of a miracle child for Al and Betsy Shein: They wanted a boy to round out the family, had tried for nearly 10 years to conceive a third child and were elated when he was born, just as Al had predicted he would be, on the Fourth of July.

“Jason always thought the fireworks were just for him,” Betsy said.

“And so far as we’re concerned,” added her husband, “they were.”

E-mail: theisland@nytimes.com

Cal State Fullerton Student [Courtney Stewart] Murdered by Drunk Driver

2009-04-17T12:15:00.000-07:00

Another Orange County Student MURDERED by a drunk driver.
I'm disgusted!

IF YOU WHERE A WHITNESS TO THIS CRASH
OR IF YOU HAVE ANY INFORMATION REGARDING
THIS CASE PLEASE CALL: 714-738-6815

Courtney Stewart called her mother from Angel Stadium Wednesday night. She was watching a friend pitch the best game of his major league career.

Carrie Stewart-Dixon and her husband, Richard, rushed home to watch the Angels and Oakland Athletics. Their daughter had received tickets from the Angels rookie starter Nick Adenhart.

The family members exchanged text messages throughout the game. Most were about Adenhart's outstanding performance.

"She was so excited for Nick," Stewart-Dixon said of her daughter. "She was so proud of him."

Adenhart pitched six scoreless innings against the Athletics. He met Stewart and two friends after the game.

Later that night, Stewart, 20, Adenhart, 22, and Henry Pearson, 25, were killed in a crash at a Fullerton intersection. Another man in the car, 24-year-old Jon Wilhite, was in serious condition Saturday at UC Irvine Medical Center.

Police said they were in a Mitsubishi Eclipse that was struck by a van at Lemon and Orangethorpe. Witnesses said the minivan ran a red light, said Fullerton police Lt. Craig Brower.

"It had to be a perfect storm of events to happen the way it did," said Richard Dixon. "We don't understand it."

The van's driver, Andrew Gallo, 22, was charged with three murder counts and drunken driving. Gallo also was charged with driving under the influence causing injury, and driving with a blood-alcohol level over .08 percent causing injury with a sentencing enhancement that he personally inflicted great bodily injury.

In addition, he was charged with fleeing the scene of a traffic accident causing death or injury.

"Today, the anger is coming out," Stewart-Dixon said Saturday as she held pictures of her daughter. "She was very loving. She loved to love people. She loved to be loved.

"There's a reason he shouldn't have been on the road. This is the exact reason."

Stewart-Dixon said her daughter and Adenhart met about one year ago. He was called to the minor leagues, but they got back in touch when the Angels brought Adenhart back to the majors.

Richard Dixon said Courtney was studying Communications at Cal State Fullerton. She wanted to be a sports journalist.

"She knew anything and everything about the Angel players," he said. "She was a terrific girl. She enjoyed life. She enjoyed friends and family. It's a life cut too short. She was going to have so much to offer the world."

But it wasn't just the home team that interested Stewart. Stewart-Dixon said her daughter would watch any baseball game -- no matter which team was playing.

Stewart wasn't one to sit on the sidelines. She was a member of her high school's golf and softball teams. Dixon said she was hoping to be a walk-on for the Cal State Fullerton golf team.

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Courtney Stewart memorial, myspace, facebook, drunk driving accident, dui accident.

Angel's Baseball Pitcher Nick Adenhart Murdered by Repeat DUI Offender [Drunk Driver] Andrew Thomas Gallo

2009-04-12T09:38:00.000-07:00

LOS ANGELES, California (CNN) -- The man police say was driving drunk when he ran a red light and struck a car, killing a Major League Baseball pitcher and two others has been charged with murder.

Angel's Baseball Pitcher Nick Adenhart:

Fans gather around a memorial for Los Angeles Angels pitcher Nick Adenhart on Friday.

Courtney Stewart (below) was killed Thursday, along with Henry Nigel Pearson, 25, of Manhattan Beach.

Andrew Thomas Gallo, 22 (see 3 separate drunk related mug shots below), was charged with three counts of murder, driving under the influence and leaving the scene of a crime, the Orange County district attorney's office announced Friday.

Los Angeles Angels pitcher Nick Adenhart was among those killed in the crash in Fullerton, California, early Thursday morning. Adenhart was beginning his first full season in the majors and had pitched his fourth Major League game hours earlier.

Gallo, whose blood-alcohol level was three times the legal limit, according to police, faces up to life in prison if convicted on all charges.

According to the DA's office, Gallo was driving a minivan 65 mph in a 35 mph zone at about 12:35 a.m. Thursday. He was on probation and his license had been suspended after a previous drunk-driving charge. Watch Adenhart's agent describe his friend »

Authorities say he ran a red light and hit the car Adenhart was in, killing the pitcher, 20-year-old California State University student Courtney Stewart and law student Henry Pearson, 25.

A fourth victim, 24-year-old John Wilhite, a former baseball player at California State, remained in critical condition Friday. A driver in a third car suffered minor injuries.

Adenhart died at UC Irvine Medical Center, where he underwent surgery, according to spokesman John Murray.

The Angels' game Thursday night with the Oakland A's was postponed at the direction of MLB Commissioner Bud Selig.

"Major League Baseball is in mourning today upon the news of this tragedy that has taken Angels pitcher Nick Adenhart and two others," Selig said in a statement that accompanied the announcement. "Nick was just 22 years of age, with a wonderful life and career ahead of him."

After the wreck, Gallo fled the scene, according to the district attorney. He was captured about 30 minutes later.

Adenhart pitched in a game against the Oakland A's Wednesday night in Anaheim, California, making what was characterized as a "brilliant effort" despite the Angels' 6-4 loss, according to Major League Baseball's Web site, MLB.com.

In his fourth major league start, Adenhart pitched a scoreless six innings, allowing seven hits, three walks and five strikeouts.

"The Angels family has suffered a tremendous loss today," Tony Reagins, the team's general manager, said in a written statement. "We are deeply saddened and shocked by this tragic loss. Our thoughts and prayers go out to Nick's family, friends, loved ones and fans."

END

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Previous DUI Offender Gabriel Delrisco Kills 3 Siblings.

2009-01-30T21:34:00.000-08:00

Drunk-driving charges filed in crash that killed 3 kids

By DAVID OVALLE AND JENNIFER LEBOVICH
dovalle@MiamiHerald.com

Prosecutors on Friday charged a Homestead driver in a crash that killed three children early Sunday morning in South Miami-Dade.

Gabriel Delrisco, 40, was charged with three counts of DUI manslaughter after he was discharged from Jackson Memorial Hospital.

A sample of his blood taken soon after the crash showed an alcohol level of .239, some three times the legal limit, according to an arrest report.

A second sample taken later, at Ryder Trauma Center, showed a level of .152, about double the legal limit, according to the Florida Highway Patrol.

The legal limit in Florida is .08.

Hector Serrano was stopped at a red light on South Dixie Highway at Southwest 211th Street when Delrisco's Trailblazer plowed into Serrano's minivan.

The force crushed the minivan, killing Serrano's three children: Hector, 10; Esmeralda, 7; and Amber, 4.

A witness who called 911, Steve Martinez, told troopers that Delrisco was the only one behind the wheel of the Trailblazer, the arrest report said.

Earlier in the week, Serrano said in a news conference that Delrisco should be held ``responsible for the tragedy he committed, so that he can go through the justice system. It was our family that he destroyed.''

Delrisco has racked up 26 traffic infractions since 2001, including a conviction that year for driving under the influence. After the DUI, his license was suspended for six months.

Half of his infractions were moving violations.

Since the crash, the community has rallied around the Serrano family.

In one morning alone, radio station Power 96 raised more than $50,000 to help the family with burial costs. Miami-Dade fire fighters also collected donations at the crash site.

Two Young Brothers [Nolan and Frank Smith] Killed by Drunk Driver Ryan Cuevas and Friend Who Fled The Scene.

2009-01-30T21:29:00.001-08:00

NEW CASE UPDATE BELOW ORIGINAL POST

The family of small children killed when the car they were riding in was struck by a pickup truck near Gilbert Friday is speaking out.

According to the Maricopa County Sheriff's Office, the 6-year-old, Nolan Smith and his 11-year-old brother Frank, affectionately called CJ, died at the scene at Elliot and Sossaman roads at about 10 p.m.

The boys' parents, Traci and Frank were also injured and air-lifted to Valley hospitals. Their mother was said to have life-threatening injuries.

A family friend who was in the vehicle, Mary Guitterez, was also flown to a local hospital.

Officials said two people, 18-year-old Travis Ryan Cuevas and a 17-year-old male, fled from the suspect truck but were found a short time later.

Reportedly, both men were interviewed and pointed to the other as the driver.

Officials said the driver of the suspect vehicle failed to stop at a four-way stop.

Impairment was reportedly believed to be a factor in the accident.

On Monday, the family of the boys spoke out about their loved ones and those responsible for the accident.

Aunt Kristi Kear told ABC15, "Nolan had the bluest eyes and the biggest smiles and CJ was all about sports and baseball."

But through their tears also came anger towards the two teenagers arrested in the incident.

Kear went on the say, "I don't think anger is a word. I hate to use the word hate, but I can say that I hate those individuals and the reason why it happened."

CASE UPDATE:

A 19-year-old Mesa man was sentenced Friday to 24 years in prison for a drunken driving crash that killed 11- and 6-year-old brothers on Jan. 9.

About 60 relatives and friends attended the sentencing in Maricopa County Superior Court for Travis Cuevas. He spent most of the proceeding with his chin buried into his chest as they spoke about their loss, the lives of Frank "C.J." Smith V and Nolan Smith, and their disgust for Cuevas.

Some wore dark red T-shirts emblazoned with a baseball sporting wings and a halo surrounded by "Our Angels in the Outfield," a reference to the boys' love of baseball.

Cuevas pled guilty July 27 to two counts of manslaughter and one count of leaving the scene of a fatal crash.

Judge Emmet Ronan had a sentencing range of 18 to 24 years under the plea agreement.

According to court documents, Cuevas and a friend drank vodka and beer before leaving on what was supposed to be a quick trip. Cuevas borrowed a 1985 Nissan truck from a friend.

At about 10 p.m. the truck sped westbound on Elliot Road, ran a stop sign at Sossaman Road and barrelled into a 2000 Saturn that was making a left onto Elliot from Sossaman.

Cuevas ran from the crash, but investigators were able to put him behind the wheel by shoe impressions left on the brake and accelerator pedals and a partial palm print on the stick shift, according to court documents.

The crash also injured the boys' parents, Frank Smith IV and Traci Smith, and family friend Mary Gutierrez. The boys' great grandfather, Frank Smith Jr., said he was helping to clean off the blood from the boys' father in the emergency room when he asked if he was cut anywhere else because there was so much blood.

The answer he got disturbs him to this day, the great-grandfather said.

"He said, "that's not my blood, Grandpa, that's my boys'," Frank Smith Jr. said.

Cuevas tried to get out of the plea deal in recent days by writing a letter to Ronan to say he was sleep deprived when he agreed to it and his attorney misguided him.

Cuevas asked for mercy from the judge in a letter.

"I would like you to know that what occurred that night deeply pains my heart every day and I'm sure it will for the rest of my life," Cuevas wrote.

Repeat DUI Offender [Vishnu Persaud ] Murders 2 Youths [Joshua Batista and Nastasha Vargas] and Hospitalizes 4 Others

2008-12-01T23:57:00.001-08:00

Vishnu Persaud (the murderer): "I messed my whole life up”

Vishnu, what about the two innocent people you killed? Maybe you should have thought ahead when you were arrested for drunk driving the first time AND maybe the judge should have taken away your license or put you in the slammer. If we had strong laws and respectable judges Joahua and Nastasha would still be alive.

I'm disgusted!

MARION COUNTY SHERIFF'S OFFICE

five-vehicle accident killed two people, injured four, including Persaud, and left another three people uninjured. It claimed the lives of Joshua L. Batista, 20, of Ocala, and Nastasha M. Vargas, 22, of New York.

"The people who were killed, how old were they?" Persaud, 35, asked as he inspected the report. He asked who the victims were, where they were from and what the injuries were. He was sitting at the Marion County Jail, wearing a red-and-white uniform and flip-flops, following his arrest on drunken-driving charges.

"All I can say is I'm sorry. There’s nothing I can do or say to make it better," Persaud said. "Whatever I got to do I will do."

He said: "[I] messed my whole life up.”

Making his first court appearance via video Wednesday morning, he stood in front of County Judge Sarah Ritteroff Williams. He is charged with two counts of DUI manslaughter, two counts of driving while license suspended or revoked involving a fatal crash, two counts of DUI with serious injuries, and DUI with property damage.

After the brief court hearing, Persaud admitted drinking, but declined to say where.

Based on a breath test, FHP officials reported a blood alcohol level of .33, which is more than four times the .08 legal limit for drivers. It's not his first DUI case. Five years ago, while Persaud was on probation for DUI, he was arrested again - and later convicted - for leaving the scene of a crash and driving while license was suspended or revoked.

Persaud was booked in the jail at 1:18 a.m. Wednesday, after first being taken to Ocala Regional Medical Center.

According to the FHP, the victims included: Andrew T. Santiago, 20, of Umatilla, who was seriously hurt and was taken to Shands at the University of Florida, and Samantha K. Walker, 22, and Angelia E. Esposito, 17, both of Belleview, who suffered minor injuries and were taken to Munroe Regional Medical Center.

Sebastian Del Rio, 18, and Eduardo Del Rio, 44, both of Ocala, were involved in the crash but reportedly had no injuries. Paul F. Webb, 50, of Fort McCoy, also was not injured.

FHP officials said a 2008 Nissan Titan driven by Persaud was speeding in the inside lane heading east on Maricamp Road, while the second vehicle, a 1994 Saturn, driven by Santiago, also in the inside lane, was slowing down for traffic that had stopped ahead of them. Also slowing down was a 1998 Oldsmobile driven by Walker.

The fourth vehicle, a 1995 Honda van, driven by the elder Del Rio, was heading east in the outside lane, and the fifth vehicle, a Dodge pickup truck was in the outside lane, stopped for traffic.

Troopers said the Titan rear-ended the Saturn, pushing it forward, and it struck the back of the Oldsmobile. The Saturn rotated clockwise off into the grassy median and rolled over before stopping.

The Oldsmobile rotated clockwise and into the outside lane, where it hit the rear of the Dodge pickup truck. The Oldsmobile stopped in the roadway, while the Dodge truck stopped not far away from the Oldsmobile in the grassy median on the opposite side of the roadway.

The Titan, officials say, rotated counter-clockwise after hitting the Saturn and crossed into the outside lane, where it rear-ended the Honda van.

The Titan stopped in the middle of the roadway, while the van ended up on the same side of the Dodge pickup truck not far away.

Batista and Vargas, who were in the Saturn, were killed. The Del Rios, who were in the van, were not injured, while Esposito, who was riding with Walker in the Oldsmobile, had minor injuries.

FHP records show the deaths are the 75th and 76th fatalities for the year in Marion County, and the first traffic deaths for the month of November.

Teen Kelly Tracy Killed by 3-Time DUI Offender [and Illegal Immigrant] Manuel Contreras-Galdean

2008-12-01T19:55:00.000-08:00

________________________________

Memorial Fund Info, Please Help!
________________________________

Below Article by Jeffrey Javier - Nov. 17, 2008 07:00 AM
The Arizona Republic

Kelly Tracy was filled with musical talent. She played numerous percussion instruments from the xylophone to the timpani in the Highland High School marching band. She also performed on the flute and guitar, and dabbled with piano. She composed her own worship songs for the City of Grace Church in Mesa.

She dreamt of going to college in Australia to become a pastor, Kelly's mother, Cindy Tracy said.

The teen's dreams were cut short Saturday because of fatal injuries she suffered in a car crash on her way to perform with her marching band in the Gilbert Days Parade.

Sgt. Ed Wessing, a Mesa police spokesman, said Manuel Contreras-Galdean, 32, was driving impaired at about 6:30 a.m. when he turned a red Dodge Ram left in front of a Nissan Sentra carrying Kelly and her brother, Matthew who was driving. Their collision at Guadalupe and Sossaman roads was nearly head-on. Matthew was sent to the hospital for non-life threatening injuries. Kelly was transported to the hospital where she died of serious head trauma.

Contreras-Galdean was arrested and charged with one count of manslaughter and one count of aggravated assault. Authorities also placed an immigration hold on him after it was determined that he is in the country illegally.

Family and friends couldn't believe what happened.

"She was a beautiful person and full of talent," Cindy Tracy said. "She loved people and cared about them and she was very devoted to God."

The City of Grace Church held a service Saturday night for the family and since then support has been coming from other band families and community members.

By Sunday afternoon a small make-shift memorial formed outside Highland High School, a mile west of the crash site. Next to a side entrance, some 50 feet from the marching band's trailer, was a photo of Kelly, her long blond hair pulled halfway back as she played a xylophone. Next to the picture, a burning candle and a teddy bear with a black Highland High baseball cap. "In Memory of Kelly Tracy" was written in blue on white paper and taped to the brick exterior of the building. Kelly was a Highland High sophomore.

"It's so hard to believe that she was killed," said Maureen Allison, a drumline mom and vice president of the Highland High Marching Band Boosters. "It shouldn't have happened."

Allison said she is organizing other band parents to cook dinner for the family for a month. She is also asking for donations such as toilet paper, milk and bread for visiting family members.

As a band and drumline mom, Allison remembers Kelly's personality.

"She was just the sweetest young lady anyone could ever meet," Allison said. "If someone was in a bad mood she would turn it into a good mood."

A memorial fund has been set up through Washington Mutual and Chase banks to pay for funeral costs, and a memorial service will also be held at 11 a.m. Fridayat the City of Grace Church, 655 E. University Drive, in Mesa.

Kelly's friends remember her as the positive friend anyone could get along with.

Ethan Baxley, 18, spent most of his day with Kelly's family. He knew Kelly through her brother Matthew and remembers her positive attitude.

"The thing I remember most about her was her smile," Baxley said. "She was open and welcome to anyone, and she had a positive attitude she would bring anytime and anyplace."

Reporters Beth Duckett, Megan Boehnke and Lindsey Collom contributed to this story.

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Two Teen Brothers Killed by "Hit and Run" Drunk Driver Enrique Coronado

2008-12-01T19:37:00.001-08:00

Two teenaged brothers were killed and a third brother injured when a suspected drunk driver crashed a pickup truck into their car at a Chula Vista intersection.

The crash killed 18-year-old Daniel Spickerman, 16-year-old Jason Spickerman and injured a third brother. They lived in Chula Vista.

The collision occurred when a GMC pickup truck travelling west on Main Street collided with a Mitsubishi Galant at Brandywine Avenue, Chula Vista police spokesman Bernard Gonzales said.

The driver of the pickup initially fled the scene, but was caught a short distance away, Gonzales said.

Enrique Coronado, 31, was arrested on suspicion of driving under the influence, felony hit and run and driving without a license, according to Gonzales. Homicide charges are pending.

UPDATE:

Enrique Coronado, 31, of San Diego pleaded not guilty to two counts of vehicular manslaughter, suspicion of drunken driving and leaving the scene of an accident.

Authorities arrested him following the crash around 11:30 p.m. last Friday. Three brothers were in a Mitsubishi Galant when a GMC pickup slammed into them on Main Street and Brandywine Avenue in Chula Vista, officials said. The crash killed Daniel Spickerman, 18, of Chula Vista. His brother Jason, 16, was declared brain dead. A third brother survived. Rescue crews had to pry the boys out from the wreckage.

Officials said Coronado ran from the crash but returned one hour later for his wallet and was arrested.

Prosecutors said Coronado has one-strike against him -- a robbery conviction. He has also been convicted of selling marijuana and was arrested for immigrant smuggling. The defense attorney said all of those charges are more than eight years old.

The judge ordered Coronado held on $1 million.

Nearly two dozen family members -- both foster relatives and biological relatives -- packed the courtroom for the hearing. Among them, the third brother who survived the wreck.

Foster brother Tino Murguia said, "It was kind of a scary feeling for the first time to see him, but a little bit of relief to know we can put a face with this incident as well. We just loved those kids, they were so happy -- just happy to be around people and so cheery all the time -- so it's really a devastating loss for the whole family."

The boys biological brother Edgar Spickerman said the boys, "had so many dreams, so many goals. All their friends loved them, our family loved them, foster family loved them -- any parent would be proud to have em as little kids."

The organs of the 16-year-old victim were removed for donation at his foster parents' request, according to a published report. The San Diego Union-Tribune reported Tuesday Jason Spickerman's organs were given to six people including a baby.

"We're very happy he was able to save six lives. He's a hero and that's the way we're going to remember him," said Murguia.

According to the prosecution, Coronado had been drinking in Tijuana that night. They also alleged he was drinking while in line waiting to enter the border crossing. Authorities said he had a 1.5 blood alcohol level when he was arrested.

His preliminary hearing was set for February.

New Data Shows Disturbing Number of Repeat Drunk Drivers on America's Roadways

2008-11-30T13:33:00.000-08:00

PRESS RELEASE
New Data Shows Disturbing Number of Repeat Drunk Drivers on America's Roadways

DALLAS, Nov 25, 2008 /PRNewswire-USNewswire via COMTEX/ -- State Progress Report for MADD's Campaign to Eliminate Drunk Driving Highlights Need for Comprehensive Alcohol Ignition Interlock Laws in All States

Nationally, an estimated two million drunk drivers with three or more convictions, including 400,000 drunk drivers with five-time or more convictions will share our roadways this holiday season. These figures are based on data reported to the National Highway Traffic Safety Administration (NHTSA) by 20 States and the District of Columbia and released today by Mothers Against Drunk Driving (MADD). The report also includes data for three additional states provided by other sources.

MADD also released its annual state progress report today, which provides each state's drunk driving fatality statistics and available repeat offender data, and highlights efforts on ignition interlock laws as well as sobriety checkpoints.

"These staggering statistics of repeat drunk driving offenders show that law enforcement is doing its job by finding and arresting drunk drivers. Unfortunately, the criminal justice system's 'catch and release' approach to drunk driving remains a huge threat to public safety," said Laura Dean-Mooney, national president of MADD, whose husband, Mike Dean, was killed by a drunk driver just before Thanksgiving in 1991. "MADD's Campaign to Eliminate Drunk Driving calls for action in all 50 states to stop repeat offenses through comprehensive interlock legislation."

"To keep all motorists safe this holiday season we need to get drunk drivers off the roads and stop them from repeating their crimes," said NHTSA Acting Administrator David Kelly. "Through strong enforcement efforts and increased use of alcohol ignition interlock systems, we can stop repeat offenders from getting back behind the wheel." The National Transportation Safety Board today also called on states for stronger action on drunk driving.

The holiday season is a particularly deadly time on America's roadways. In 2007, nearly 1,500 people were killed in crashes involving a drunk driver from Thanksgiving through New Year's Day. During the holidays, MADD is ramping up its call for every state to introduce interlock laws that cover all convicted drunk drivers, including those facing their first convictions - as Washington State did in 2007.

"Interlocks have been proven highly effective at reducing recidivism," said Gov. Chris Gregoire of Washington State. "It is vital that we all work together to approve interlocks in every state to help save lives and prevent injuries from this violent and deadly crime."

Eight states including Washington State, New Mexico and Arizona have already approved interlocks for first-time convicted drunk drivers. MADD is launching an effort to introduce bills requiring ignition interlocks for all convicted drunk driving offenders in the remaining 42 states.

"New Mexico was the first state in the nation to mandate ignition interlocks for all convicted offenders. Along with mandatory ignition interlocks, we increased enforcement, public awareness and treatment. Since 2005 we've seen a 20 percent reduction in alcohol-involved fatalities; I am confident our increased efforts along with the mandatory interlock legislation played a large role in reducing fatalities in New Mexico," said Governor Bill Richardson. "Based on New Mexico data, we estimate that in 2006 ignition interlocks prevented some 63,000 alcohol-involved driving events."

"Arizona has taken a strong stand against drunk driving," Governor Janet Napolitano said. "We have some of the strongest laws in the nation, including a mandatory one-year interlock on cars for the first offense. It is important we take these steps to ensure the safety of Arizonans."

The Robi family can't understand how the law can ignore repeat drunk driving convictions. Ironically, after years of enforcing the law as officers in the Los Angeles Police Department, they've also learned firsthand about multiple convictions. An April 27, 2007 drunk driving crash made them victims/survivors of a four-time repeat drunk driving offender, who injured daughter Jennifer, 12, and her mother, Kath.

"We need stronger laws," says Kath Robi. "The hammer needs to fall on these people. This is outrageous!" Jennifer has been in a cast from her hip to her chest for the past 18 months, to support her spinal injury. Kath, a retired LAPD officer, underwent several surgeries, memory loss, and the inability to walk or drive for months.

An alcohol ignition interlock is a breath test device linked to a vehicle's ignition system. When a convicted drunk driver starts their vehicle, he or she must first blow into the device. The vehicle will not start if the driver is violating probation by having alcohol in his/her system. If interlocks were required for all convicted drunk drivers in the United States, thousands of lives could be saved each year.

The Campaign to Eliminate Drunk Driving continues to draw support from a vast coalition, including the Department of Transportation, NHTSA, the Governors Highway Safety Association, the Alliance of Automobile Manufacturers, Nationwide Insurance and the International Association of Chiefs of Police.

"We are working toward the day when drunk driving is remembered as the modern day equivalent of polio - when there is not a single victim of drunk driving needing our help and support," Dean-Mooney said. "By using straightforward, proven methods, we believe we can reach this goal."

MADD's mission is to stop drunk driving, support the victims of this violent crime and prevent underage drinking. MADD is a 501 (c) (3) charity with 2 million members and supporters nationwide. Founded in 1980, MADD has helped save more than 330,000 lives. For more information, visit www.madd.org.

NOTE TO EDITORS: Both reports as well as background information on drunk driving and ignition interlocks can be found at: http://www.madd.org/statereport
SOURCE Mothers Against Drunk Driving http://www.madd.org

21-Year-Old Student Jason Shein Killed by Repeat DUI Offender Esquivel Persi

2008-11-30T12:09:00.000-08:00

* * RECENT ARTICLE * *

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ORIGINAL JASON SHEIN BLOG and NEWS ARTICLE:

How many young, innocent people are we going to end up losing this year because repeat offenders are still out there drinking and driving?! I'm disgusted to see another person doing NOTHING WRONG only to lose his life because someone wanted to get wasted and drive. To the friends and family of Jason, I am beyond sorry to hear of your loss today. Esquivel Persi needs to spend the rest of his life behind bars!

Jason Shein was on Thanksgiving break from the University of Miami and had just had a farewell dinner with three friends. After leaving the restaurant with his friends they were struck by repeat DUI offender Esquivel Persi.

Jason Shein is survived by his mother, Betsy, father, Albert, his sister Deena Shein; and his sister Jami Anspach and her twins.

News Publication:

FARMINGDALE, N.Y. (1010 WINS) -- A 21-year-old medical student was killed just around 12:25 a.m. Sunday allegedly by an drunk driver in Farmingdale, Long Island.

Jason Shein, a medical student at Miami University, was an aspiring neurologist. He had come home for the holidays to visit his family.

According to homicide detectives, a 2000 Ford Explorer traveling east on Conklin Avenue tried to pass a vehicle by crossing over the double yellow lines when it collided head on with a 1998 Chrysler convertible.

The driver of the Chrysler, 21-year-old Jason Shein of Levittown was pronounced dead at the scene.

Two passengers in the Chrysler were treated and released from Nassau County Medical Center. A third passenger is listed in serious condition at the same hospital.

The 46-year-old driver of the Ford Explorer was identified as Esquivel Persi of Valley Stream.

Persi was arrested and has 11 charges against him including Vehicular Manslaughter, Felony D.W.I. and Unlicensed Operation of a vehicle.

Persi was on probation for a 2006 D.W.I. incident.

The defendant is being treated at Nassau County Medical Center as well and will be arraigned when practical.

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Meghann Marie Smith, 18 Killed by Hit and Run Drunk Driver Catherine Roberts

2008-11-02T01:56:00.000-07:00

Montgomery Student Killed by a Drunk Driver (Catherine Lynn Roberts)

By ELLIOTT COCHRAN
Updated: 10.27.08

An auto-pedestrian DUI hit and run occurred early Sunday morning resulted in the death of an 18-year-old Montgomery High School student and the arrest of an Oak Ridge High School employee who allegedly fled the scene, according to Conroe Police officials.

Meghann Marie Smith, 18, of Montgomery, was struck and killed around 4 a.m. by a vehicle allegedly driven by Catherine Lynn Roberts, 46, a Conroe resident and employee of Oak Ridge High School. According to officials, Roberts allegedly fled the scene in the 12000 block of Texas 105 West after speaking with Smith’s boyfriend, Lance Barton, 19, son of former Conroe Mayor Carl Barton Jr.

Conroe Police Sgt. Jon Buckholtz said Barton was changing a flat tire on Smith’s vehicle when Roberts allegedly struck and killed Smith and struck Barton’s foot and ankle.

Buckholtz said Roberts stopped and exited her 2004 GMC Yukon to talk with Barton, but upon hearing that she struck Smith, denied the incident and fled the scene.

“The boyfriend had his wits about him to call the department and give them a description of the vehicle and the driver in detail,” he said. “He did the right thing.”

Conroe Police Officer Gerrit Wolfhagen was on his way to the scene of the accident and was near the intersection of FM 2854 and West Loop 336 when he identified Roberts’ black SUV and made a traffic stop.

Buckholtz said Roberts failed a field sobriety test and her blood-alcohol level exceeded the state limit of .08 percent.

According to a press release from the Conroe Police Department, state law mandates that drivers involved in fatality accidents submit to a blood test and a blood sample was obtained from Roberts at a local hospital.

Roberts was booked into the Montgomery County Jail around 7:30 a.m. and charged with intoxication manslaughter and failure to stop and render aid, with a $50,000 accumulative bond.

She posted bond and was released Sunday afternoon.

Smith’s family received the news from Buckholtz after the scene was cleared by law enforcement officials and are devastated that the life of their young girl was taken.

Smith’s mother, Margaret, said her young and beautiful daughter was full of life, had big dreams for the future and was looking forward to meeting the baby her 22-year-old sister is expecting in December.

“She was the backbone of our family and such a sweetheart and a special daughter,” she said. “It’s a nightmare. I keep thinking she’s going to walk through the door, but reality hasn’t set in.”

The pain of her daughter’s death is compounded, Margaret Smith said, because of Meghann’s desire to become a police officer following an accident involving Meghann’s father, Doug.

“One of her goals was to be a police officer to take all the drunk drivers off the roads,” she said. “Her father was injured after a drunk driver hit him when Meghann was 2 years old.”

Funeral arrangements are pending, but will be held at Cashner Funeral Home.

The Conroe Police Department’s investigation continues.

Additional News Story:

Teen Killed By Hit-Run Driver

October 26, 2008

The driver of an SUV that fatally struck an 18-year-old woman (Meghann Marie Smith) in Conroe early this morning has been charged with intoxication manslaughter, authorities said.

Catherine Roberts, 46, was driving a 2004 Yukon down the 12000 block of West Davis Street at 3:50 a.m. when she failed to stay in her lane and struck Meghann Marie Smith and Lance Asa Barton,19, killing Smith, authorities said.

Barton was also struck, but the extent of his injuries was not released Sunday.

Investigators said the pair had apparently stopped to change a flat tire on their vehicle.

Authorities said Roberts allegedly stopped near Smith's body after the accident and got out of her SUV, but then returned to her vehicle and fled the scene.

Conroe Police later found Roberts and her vehicle near the intersection of FM 2854 and Loop 336.

In addition to intoxication manslaughter, Roberts was arrested for one count of felony failure to stop and render aid. She was taken to Montgomery County jail and is being held on a $50,000 bond.

5-time DUI Offender Kills Grandmother, Gets (only) 15 years. San Diego California

2008-10-24T21:45:00.000-07:00

Same story... repeat offender enivitably murders someone and only THEN we put him away.

SAN DIEGO - A man who was on parole for a DUI conviction when he drove drunk, causing a freeway crash that killed a 75-year-old grandmother and injured a child, pleaded guilty Tuesday to second-degree murder.

John Joseph Taskey, 47, will be sentenced to 15 years to life in state prison on Nov. 12.
The car the victim was riding in was one of two vehicles carrying family members to watch the sunset at Sunset Cliffs when the 6:30 p.m. collision happened on Sept. 13, 2007.

Witness John Covey testified at a hearing last December that he was driving west on Interstate 8 when he saw Taskey's truck rear-end the car carrying the victim, causing it to roll over a number of times.

The driver was able to climb out of the wreckage, but three people were dazed in the back seat and one person was trapped in the front passenger seat, Covey testified.

Rosa Degerman, sitting in the back seat, was seriously injured and died the next morning at a hospital.

A 7-year-old female passenger suffered a fractured left shoulder, and a male passenger was treated for a concussion, said Deputy District Attorney David Grapilon.

California Highway Patrol Officer Jesus Magdaleno testified earlier that Taskey was driving on a suspended license, appeared very disoriented and had an odor of alcohol and an injured finger.
The officer said he had Taskey blow into a breathalyzer to check his blood-alcohol level and the defendant registered a .112 percent and then a .118 percent on a second test. The legal limit for operating a motor vehicle is .08 percent.

Speed was the main reason for the crash, Magdaleno testified.

Grapilon said Taskey has five prior DUI convictions dating between 1997 and 2006.

In return for his guilty plea to murder, charges of gross vehicular manslaughter while intoxicated, felony DUI and driving with a .08 percent blood-alcohol level or higher were dropped.

Drunk Driving Statistics - Dui Statistics - Teen DWI 2007, 2008

2008-10-24T21:34:00.000-07:00

Drive safelyBy Heidi Aiazzi • Staff Writer • October 24, 2008

With the increasing number of cars and trucks on the roads, accidents have become an all too common sight.

In fact, an estimated 115 people die every day in vehicle accidents in the United States--one death every 13 minutes--and many more receive serious injuries.

Such injuries and death often leave the victims and their families devastated, while those who are between 15-24 and/or above 75, are the ones who are most often involved in car accidents.
Accidents are caused by many different occurrences, including talking to other passengers, drivers playing with the radio, eating or drinking while driving, driving under the influence of drugs or alcohol, and--in 25% of the car accidents reported--talking on a cell phone while behind the wheel of the car.

Here are some car accident statistics, which might be helpful in making people aware about trends in car accidents, and thus hopefully reducing the number of car accidents in our area and increasing the safety for those on the road.

On an average, there are more than 6 million car accidents on the roads of the US, annually. More than 3 million people get injured due to car accidents, and more than 2 million of these injuries are permanent. About 40% of car accident fatalities occur because of a drunk driver. About 30% of the car accident fatalities can be attributed to driving above the speed limits and 33% and because of reckless driving that causes the car to go off the road and result in an accident. The majority of car accident victims are the drivers, followed by passengers, pedestrians, and lastly, cyclists.

For those in the age group of 1-30 years, the leading cause of death is due to being involved in a car accident; and in more than half of all car accident fatalities, the deceased were found not to be wearing their seat belts at the time of the crash.

The risk of a teen driver being involved in motor vehicle accidents is astounding. Motor vehicle crashes are the leading cause of death for teenagers. Each Year over 5,000 teens ages 16-20 die due to fatal injuries caused car accidents and about 400,000 drivers age 16-20 will be seriously injured. 16-year-olds have higher crash rates than drivers of any other age, and are three times more likely to die in a motor vehicle crash than the average of all drivers. For each mile driven, teen drivers ages 16-19 are about four times more likely than other drivers to crash. According to a survey of 1,000 people ages 15-17, conducted by the Allstate Foundation, more than half of young drivers use cell phones while driving, 69 percent said that they speed to keep up with traffic, 64 percent said they speed to go through a yellow light, 47 percent said that passengers sometimes distract them, and nearly half said they believed that most crashes involving teens result from drunk driving. According to NHTSA, 31 percent of teen drivers killed in 2006 had been drinking, 25 percent had a blood alcohol concentration of .08 or higher. Passengers may be one of the biggest distraction points for teen drivers. Statistics show that 16- and 17-year-old driver death rates increase with each additional passenger. The car accident death rate for teen male drivers and passengers is more than one and a half times female teen driver (19.4 killed per 100,000 male drivers compared with 11.1 killed per 100,000 female drivers.
On the positive side, graduated drivers license programs appear to be making a difference. Fatal crashes involving 15- to 20-year olds in 2005 were down 6.5 percent from 7,979 in 1995, to the lowest level in ten years.

There have been 243 deaths caused by motor vehicle accidents in Nevada thus far this year so authorities continue to ask drivers to slow down and drive safely.

Other DUI Statistics

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Nevada California USA teenage drunk driving statistics

4 Killed [by 3-time DUI Offender John Carlgren] on Their Way Home From a Church Dance

2008-10-21T23:38:00.000-07:00

Come on judges, lawmakers and drunks... we still have our yearly quota of 20,000 deaths to reach... John Carlgren certainly helped us reach our numbers yesterday!

* * * On October 20, 2008 four innocent lives were lost for the sake of someone getting drunk * * *

1. Murdered: Jessie Cline, 29
2. Murdered: Michelle Sawyer, 29
3. Murdered: William Johnson, 24
4. Murdered: Fred A. Young Junior, 31

The only survivor was the drunk himself: John C. Carlton
___________________________________________________

News Article:

PENDLETON, Ore. -- An Oregon man accused of causing a two-vehicle crash that killed four people on Interstate-84 over the weekend pleaded not guilty Monday to charges of manslaughter and driving under the influence of intoxicants.

KGW report on manslaughter charges The westbound pickup driven by John C. Carlgren of Carlton struck the back of a car driven by 29-year-old Jessie Cline of Hermiston, according to Oregon State Police. Cline and his three passengers died at the scene near Pendleton on Sunday.

Records show the state suspended Carlgren's license in 1991 and revoked it in 1993 because of alcohol-related arrests. His driving privileges were reinstated in 1998. He was described in court records as a habitual drunk driver and he was cited for drunk driving in 1990, 1991, and 1993. His rap sheet also showed that he assaulted a police officer in 1995 and was cited for speeding in 2005 as well as last month.

Carlgren, 46, was treated for minor injuries and transferred to the Umatilla County Jail. Bail was then set at $400,000.

Cline's passengers were identified as 29-year-old Michelle Sawyer of Lynwood Wash., 24-year-old William Johnson from Hermiston and 31-year-old Fred A. Young Junior of Boardman. They were on their way home from a church dance.

Judge Robert Glusman Favors Drunk Drivers. Troy Lee Hovey Gets Away With MURDER of Amit Tandon - Chico, CA. I'm Disgusted!

2008-10-17T10:18:00.000-07:00

Wow, these days (even with MADD's tireless efforts) you can get drunk, drive, kill a innocent human and server only 180 days in jail!

What does this tell our society about drinking and driving? Pretty much that you can party hard and kill someone and not have to worry about doing the time that fits the crime.

What is it going to take to save over 20,000 people a year to drunk drivers?! It's going to take judges with some sort of a brain and understanding of human nature (people will continue with bad behaviors if they know they can get away with it). Who the FU*K knows. All I know is someone else WILL die from a drunk driver because they saw first hand that TROY HOVEY got away with MURDER because an incompetent judge (Robert Glusman) doesn't have the balls to punish someone properly. Maybe he got "paid off" ... you have to wonder at this point.

DUI Victim: Amit Tandon
32, Husband and Expectant Father

I honestly feel like the justice system and judges like Robert Glusman are protecting criminals, not our citizens. It's like they feel so sorry for the criminal and yet there is an endless trail of family members of the victim that will spend the rest of their lives suffering because they A) lost someone for nothing and B) the person who killed their family member (for the sake of getting drunk) got away with murder. They also have to live with knowing others will feel this pain unnecessarily because decisions made by judges like Robert Glusman are working against what MADD and other organizations and anti-dui individuals have been fighting decades for.

Thank you for listening,

An Angry Uncle
(who is awaiting justice on a 18 year old college student that was also murdered by an idiotic drunk driver this year)

Amit Justice Blog

News Blog Link

NEWS ARTICLE:

Drunken driver placed on probation for fatal crash
By TERRY VAU DELL - Staff Writer
Article Launched: 10/16/2008 12:00:00 AM PDT

OROVILLE -- An intoxicated motorist, who caused the death of a popular Chico caterer while driving the wrong way on Highway 99, was Wednesday placed on probation and given 180 days in jail.

Calling it a "difficult and heart-wrenching" case, Butte County Superior Court Judge Robert Glusman noted Troy Lee Hovey, 37, had no prior criminal record and was actively seeking help for an alcohol problem at the time of the crash.

In a letter to the court asking that Hovey get the maximum of 10 years in prison, the pregnant widow of Amit Tandon, the deceased caterer, charged the defendant had "murdered" her husband and deprived their unborn son of a father.

Deputy district attorney Glenn Jennings also took issue with probation in the case, saying it would send the wrong message.

The prosecutor pointed out the former sprint car racing driver had nearly three times the legal limit of alcohol in his system. According to witnesses, he was going between 60 to 80 mph on The Esplanade when he failed to negotiate a sharp curve, crashed through a wooden barrier and started driving northbound in the southbound lane on Highway 99 about 9 p.m. Aug. 6.

After reportedly forcing one car off the road, the wrong-way driver collided head-on with Tandon's catering truck.

Tandon, 32, owner of Guzzetti's Catering and Indian Food, was killed. A second motorist driving behind him suffered minor injuries.

The judge Wednesday recalled having purchased food from Tandon at the Thursday

Night Market, and remembered him as being very friendly. But based on letters from friends and relatives, the motorist who killed him was also highly regarded, Glusman noted.

Last month, Hovey had pleaded no contest to a felony charge of gross vehicular manslaughter while intoxicated and driving with more than .08 percent of alcohol in his system, which could have carried from four to 10 years in prison.

At his sentencing Wednesday, defense attorney Jodea Foster contended Hovey rarely drank prior to gastric-bypass surgery last year to control his overeating. Following the operation, Foster said his client began substituting alcohol for food as an addiction.

Realizing he had a problem, Hovey had twice voluntarily admitted himself for treatment at Enloe's Behavioral Health Clinic and was in outpatient care at the time of the fatality, the defense attorney noted.

In a letter he sent to the widow of the man he killed, Hovey expressed deep remorse. "I have no excuses," he said, adding he only wished his words would somehow lessen the family's pain.

At Wednesday's sentencing, a victim-witness advocate said the caterer's widow, who is due to give birth in December, feared the stress of facing Hovey in court, and asked that a written statement be read to the judge.

"Troy Hovey is a murderer. ... He not only murdered my husband, he also murdered my dreams," Deepika Tandon wrote.

Asking that Hovey receive the maximum time in prison, the victim's widow added: "You stole a wonderful man not only from his family, but the entire community. ... He touched so many lives. He made Chico a better place to live."

Glusman found the statement "moving and eloquent" and said, "My heart goes out to her."

The judge pointed out he had presided over the DUI calendar, and often had "sentenced harshly." But the fact probation has not been prohibited in vehicular manslaughter cases indicates the Legislature wants judges to examine each case on its merits, Glusman said.

Given Hovey's lack of a prior criminal record or history of alcohol offenses, coupled with his obvious remorse and desire to overcome his current drinking problem, the judge said he fully expects the Chico man will "embrace recovery."

"I know this won't happen again," the judge added.

The Chico father of two was placed on three years probation and sentenced to 180 days in jail, though the county Probation Department has discretion to release him to an in-patient treatment facility.

The defendant also must complete a nine-month DUI school, install an anti-alcohol interlocking device on his vehicle and will lose his license for one year.

"If I find you're drinking, I'll be the last person you want to see," the judge warned the defendant.
-------------------------------------------------------------------

To the citizens and leaders of Butte County:
(from a customer of Amit Tandon)

What is it going to take for Chico to finally admit it has a drinking problem?

The Chico ER, police chief Hagerty, and University president Paul Zingg all failed to admit the alcoholic source of the riots euphemistically referred to over the weekend as a “ruckus.” Now we have Superior Court Judge Robert Glusman’s inexcusably insignificant sentence of intoxicated driver Troy Hovey for killing Amit Tandon: 180 days jail (maybe) and three years probation.

Judge Glusman’s sentence represents our community’s estimation of the value of the innocent life that was taken. I, for one, believe life is more precious than that, and that Amit Tandon, a beloved Farmer’s Market vendor, caterer, husband and expectant father, deserved more respect from us.

Judge Glusman’s sentence reveals our community’s unhealthy attitude to alcohol and substance abuse.

Homicide by alcohol is treated as a minor offense. The innocent lives lost are acceptable consequences of our recklessly selfish pursuit of pleasure - unless and until we or our loved ones are affected. Troy Hovey was treated like a victim of his own crime, and the family of Amit Tandon was further victimized by the court.

What saddens me and frightens me is that Amit Tandon’s homicide obviously doesn’t matter to a society purported to value human life and a justice system charged with protecting the innocent and defending human and civil rights.

From an angry citizen who has seen many lives lost to drunk drivers.

4-time Offender Drunk Driver [Uriel Perez Palacios] Kills Newlyweds Erika Moreno Clout, 24, and her husband German Clout, 23

2008-09-02T17:10:00.000-07:00

Suspected Drunk Driver Kills Newlyweds

Compiled From Staff Reports IRVING (CBS 11 News)

A North Texas elementary school teacher and her husband were killed early Monday morning by a suspected drunk driver.

A Dallas County sheriff's deputy pulled over Uriel Perez Palacios around 2 a.m. Monday after spotting him weaving through traffic, authorities said. As the deputy approached the car on foot, Palacios sped off with his lights off and drove through a red light, striking a sport utility vehicle carrying five Southern Methodist University students.

Palacios' car went airborne and crashed into an SUV, crushing it and killing the two occupants inside, authorities said. At least three others were injured, including two SMU students who were hospitalized with non-life threatening injuries.

Erika Moreno Clout, 24, and her husband German Clout, 23, were returning from a date at the movies. They died at the scene.

Erika and German were married in July. German worked in construction and was an aspiring musician. Erika was a second-year teacher at Keyes Elementary School in Irving.
Tuesday, her students received the heartbreaking news. "She was a wonderful teacher and will be greatly missed," said Irma Vega-Zadeh, the principal at the elementary school where Clouet taught.

Laura Peters started teaching at Keyes last year along with Erika Clout. "I'm devastated, and think every one at this school is devastated. Everybody has called each other to make sure we're okay," said Peters. "We're all just preparing for tomorrow, to break the news to the students."
Public records reveal the 22-year-old suspect has a lengthy criminal history. There are 41 offenses on his record, including two DWI convictions, two felony DWI arrests and investigators say Palacios has been involved in two police chases.

Records indicate his most recent arrest was in June for driving while intoxicated and was released after paying a $500 fine.

Palacios is listed in serious condition at Baylor Hospital. His female passenger had to be cut from the vehicle and was also hospitalized.

Officials on Tuesday charged Palacios with two counts of murder and three counts of intoxication assault.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

Remembering Rachel Elliott - Drunk Driving Victim

2008-08-20T22:30:00.000-07:00

Today marks 6 months that we have had to endure living without Rachel. Rachel Amaris Elliott was killed at age 18 by an [alleged] drunk driver. She was killed for nothing by a woman who to cared more about getting drunk on a Wednesday night rather than be a responsible mother to her son and show concern for others innocently driving residential neighborhoods in Southern California.

Read more at http://www.rachelelliott.org/

John Daugherty, Rachael Slade, Shane Stanridge - Head-on Collision by Drunk Driver William Ottman.

2008-07-30T19:18:00.000-07:00

Two Teens Killed by Suspected Drunk Driver William Ottman

July 28, 2008
Tanya Mendis

Friends of 16-year-old John Daugherty say he and two of his friends- Racheal Slade and Shane Stanridge- were driving back from a night of hanging out at a nearby lake, when they were hit head-on by a suspected drunk driver.

The accident happened early Sunday morning on Highway 305 near county road 220 in McMinn County.

Troopers with the Tennessee Highway Patrol say the driver of an F-150, 29-year-old William Ottman, crossed the center line and slammed head-on into the car full of teenagers. Troopers say John and Racheal, 17, died on impact. Shane, 18, who was riding in the front seat, is in serious condition at UT Medical Center.

William Ottman, 29

Troopers transported the almost unrecognizable Chevy Tracker and the mangled F-150 to the department of transportation headquarters in Sequatchie County for storage.

Investigators say Ottman was visibly drunk. In addition to two pending charges of vehicular homicide, drug charges are pending as well.

The teens attended McMinn Central High School.

Posted in memory of Rachel Elliott, killed by a drunk driver 2/21/08

Tessa Tranchant and Alison Kunhardt - Killed by a Repeat Drunk Driver

2008-06-13T10:49:00.000-07:00

Tipping Point For OutrageIn Hampton Roads Area, '07 Deaths of Teens Fuel Policies on Immigrants

By Karin BrulliardWashington Post Staff Writer
Thursday, June 5, 2008; Page B01

VIRGINIA BEACH

There have been no major flaps over day-labor sites here, or boiling controversies over immigrant boardinghouses or schools crowded with children who don't speak English.

But a group has formed to fight illegal immigration. Calls about the issue to the area's congresswoman have swelled. And Ray and Colette Tranchant want to sue the government over what they call its failure to enforce immigration laws.

The catalyst was a tragedy that roiled the Hampton Roads area and triggered stiffer local policies on illegal immigrants. In March 2007, the Tranchants' daughter Tessa, 16, and her best friend, Alison Kunhardt, 17, were killed in a car crash caused by a drunk driver who had a police record and was in the country illegally.

Tessa Tranchant and Alison Kunhardt

News Clip

"What happened in Virginia Beach is they woke up Saturday morning and realized not only do illegal immigrants work in your town, live in your town, but they also kill people in your town," then-Del. John J. Welch III (R-Virginia Beach) told reporters at the time.

As national immigration politics increasingly become local and police reveal the legal status of more suspects, high-profile deaths caused by illegal immigrants are serving as powerful tipping points for community outrage. The tragedies often live on nationally as talking points for opponents of illegal immigration and as symbols on Web sites that list victims as if they were fallen soldiers in an invisible war.

Alfredo Ramos

To those activists, the cases are stark reminders of a broken immigration system. It's simple, they say: The victims would be alive if the borders were sealed.

"The people who are committing these crimes . . . they are here because the government failed to do what it was supposed to do to protect the American people," said Ira Mehlman, spokesman for the Federation for American Immigration Reform, which promotes restrictions on immigration.

Immigrant advocates counter that focusing on legal status brands all immigrants, illegal and those who might be assumed to be illegal, as villains, stoking misdirected tensions out of grief. In Hampton Roads, advocates say they are fielding calls from immigrants worried about deportation and discrimination.

"Each of those individual circumstances are tragic. But the effect that some of these groups are trying to achieve is to demonize," said Clarissa Martinez of the National Council of La Raza. "They're very clearly manipulating these individual cases to try to smear a whole community."

Because policies on checking the legal status of suspects vary among law enforcement agencies and Census Bureau questionnaires do not ask about it, there are no solid national statistics on crime rates among illegal immigrants.

In recent months, fatal car crashes alleged to have been caused by illegal immigrants have sparked ire in small towns in Minnesota and Iowa. Two years ago, the deaths of a Maryland Marine and his girlfriend in a collision caused by an illegal immigrant ignited debate in Annapolis over driver's licenses for unauthorized immigrants. In Pennsylvania, the mayor of Hazleton has said a 2006 slaying attributed to an illegal immigrant led to a controversial immigration ordinance. Charges against the suspect were later dropped, and the measure was struck down by a federal judge.

Ray Tranchant, above, visits the grave of daughter Tessa in Virginia Beach. Tessa Tranchant and Alison Kunhardt were killed when a drunk driver, Alfredo Ramos, left, slammed into their car last year. Ramos, 22, was in the country illegally.

Who's Blogging» Links to this article The stories of such victims are immortalized on Web sites such as http://immigrationshumancost.org/, run by Brenda Walker, a Berkeley, Calif., writer who initially took up the immigration issue out of concern over the environmental impact of population growth.

"I was seeing all these articles in the press about 'Oh, poor Juan, he comes here and he's struggling for a better life,' " said Walker, adding that she favors limits on immigration. "But illegal immigration is not a victimless crime. That's my big headline."

The FIRE Coalition, a national group formed to combat what it calls "the largest invasion in the history of the world," goes further. As part of a project called Operation Body Count, it distributes posters featuring photos of people it says were killed by illegal immigrants.

Ray Tranchant has seen his daughter's picture on such sites. He said groups that call for measures such as mass deportations "muck up the real solution," which he said involves building a border fence, deporting criminals and giving noncriminals an earned path to legalization. But he knows the power of cases such as that of Tessa and Alison. It turned him into an activist.

"Tessa shouldn't have died," said Tranchant, 53, a Tidewater Community College administrator. "The bottom line is someone ended up in a place that caused deaths. How did he get here? Track it back: Lax here, lax there."

Tranchant, who is a member of a state task force on "alien criminals," said he is angry only at authorities. He wants to sue the city, state and national governments for wrongful death, saying their negligence led to the crash that killed Tessa. Tranchant said he does not want money but change, so that criminal illegal immigrants are kept out of the country.

In recent years, the Hampton Roads area's construction, tourism and farming industries have drawn a growing immigrant population, many from Mexico. Still, immigrants make up less than 6 percent of the area's 1.65 million residents.

Tranchant, a former Navy pilot, said he used to worry about illegal immigration mostly as a terrorism issue.

That changed March 30, 2007. Alison and Tessa were waiting at the light when Alfredo Ramos, drunk and speeding, slammed into their car, killing both. Soon police revealed that Ramos, 22, had been convicted of drunken driving in neighboring Chesapeake and public intoxication in Virginia Beach but never questioned about his immigration status.

Virginia Beach police were prohibited from asking suspects charged with misdemeanors about their status; Chesapeake had no policy. Ramos was sentenced to serve 24 years in prison.
Fox News's Bill O'Reilly seized upon the crash. He accused Virginia Beach officials of operating a "sanctuary city." Local newspapers and online chats filled with furious exchanges.

The uproar led Virginia Beach to require that police check the immigration status of all arrested. Virginia Beach and Chesapeake passed measures requiring that companies doing business with the cities pledge not to hire illegal immigrants.

The state task force was formed by three congressional representatives, including Thelma Drake (R), who said the crash brought her constituents' numerous calls over illegal immigration "to another level."

Help Save Hampton Roads, an offshoot of Northern Virginia groups fighting illegal immigration, formed after Tessa and Alison's deaths.

"Nobody knew this situation was out there until this catalyzed it," said Brian Kirwin, a Virginia Beach representative for the statewide group Save the Old Dominion, which counts the Hampton Roads area as its second-largest base after Northern Virginia. "It didn't have a name and a face."
But the turmoil and policy changes also sparked "instantaneous" fright among the region's Latino immigrants, said Dan Curran, a real estate agent and immigrant advocate who said he and his wife were quickly besieged by calls from people expecting widespread raids.

Beatriz Amberman, a Virginia Beach resident who is vice chairman of the Virginia Coalition of Latino Organizations, has indefinitely called off a fall Hispanic festival she has hosted for six years. She said Latinos have felt "scapegoated" and were too wary to attend.

At a Hispanic grocery, a mother and daughter from Mexico nodded knowingly when asked about the crash, which they said had caused legal and illegal Latinos to walk rather than drive and to avoid beachfront discos because police patrol them.

"For one person, everyone pays," said Josefina, 50, an illegal immigrant who did not want her last name published.

"It bothers us, too," said Paula, 25, of the crash. "How did he dare to drive like that?"
On a recent sunny afternoon, as Colette Tranchant, 49, drove to the cemetery where the graves of her daughter and Alison lie under the watchful gaze of a statue of an angel, she said the spotlight the crash cast on illegal immigration was a good thing.

"This was so preventable," she said. "If my daughter died, at least it wasn't in vain."

drunk driving stories and pictures, dui accidents, deaths fatalities.

Drunk Driver Juan Campos Kills Cyclist and Injures 10 Others

2008-06-03T11:39:00.000-07:00

A cyclist was killed and 10 others were injured when a drunk driver ploughed into a bike race.

The cyclists were hurled high into the air as a 28-year-old driver, apparently drunk and asleep at the wheel, crashed into the race near the US-Mexico border.

Police investigator Jose Alfredo Rodriguez said Juan Campos was charged with killing Alejandro Alvarez, 37, of Monterrey. Authorities said the wreck happened 15 minutes into the 34km race on Sunday along a highway between Playa Bagdad and Matamoros, across from Brownsville, Texas.

drunk driving photos and pictures

Andrea Gerdon Killed. Repeat DUI Offender Danny Ruiz Makes a Bad Decision to Drink and Drive... AGAIN.

2008-05-12T21:31:00.000-07:00

May 08, 2008
Vol. 3, Issue 19, May 8-14
By Jonathan VolzkeSan Clemente Times

A pregnant woman (and mother) was killed Saturday when a Chevy Blazer slammed into a palm tree, and authorities arrested the driver on suspicion of drunk driving, just four months after he pleaded guilty to another DUI.

Andrea Gerdon, 33. Mom and mother to be.

Authorities said that the woman who died, Andrea Gerdon, 33, of Anaheim, was pregnant.

Danny Calvin Ruiz, 35, was being held on $1 million bail after the wreck, on Camino de Estrella at the Dana Point-San Clemente border. Orange County Superior Court records show Ruiz has a long history of serious run-ins with the law: In 1991, he pleaded guilty to robbery and car theft and was sentenced to two years in state prison. In 1995, he was convicted of carjacking and sentenced to 10 years in prison. He was also found to be a habitual criminal.

In November 2007, Ruiz was arrested on suspicion of misdemeanor driving under the influence and of driving with a blood-alcohol limit above the state’s legal limit of .08. In that case, he pleaded guilty in January and was sentenced to five days in jail, ordered to pay a $390 fine, ordered to participate in a three-month “first offender alcohol program,” a Mothers Against Drunk Driving victims’ impact panel and was placed on three years probation.

But he was arrested again on Saturday, after a truck jumped the curb and hit a tree while heading west on Camino de Estrella, just east of the San Diego Freeway. Ruiz and Gerdon were both pinned in the vehicle. She was pronounced dead at the scene. Sheriff’s spokesperson Jim Amormino said Tuesday that Gerdon was less than 20 weeks pregnant.

Ruiz suffered moderate to serious injuries and was taken to UCI Medical Center in Orange. He was placed under arrest for suspicion of drunken driving, authorities said.

Transportation officials on Monday worked to replace the signal controller on Estrella near the freeway. Stoplights blinked red, while stop signs had been placed in the street. A small memorial of candles had been placed at the base of the palm tree the Blazer struck before flipping.

Because Ruiz is in the hospital, he will not be arraigned, or asked to enter a plea, until he recovers. A deputy is standing guard. Gerdon’s pregnancy could lead to an additional manslaughter charge, Amormino said.

HOME (read more DUI Stories and News)

Michael Gagnon Found Guilty for Killing Mom and 4 Kids

2008-05-09T18:16:00.000-07:00

Driver found guilty in crash that killed 5 in Ohio
May 9, 2008

TOLEDO, Ohio (AP) — A man has been found guilty in a wrong-way crash in Toledo, Ohio that killed a mother and four children.

Police say Michael Gagnon was driving drunk and in the wrong direction Dec. 30 when his pickup truck hit a minivan filled with eight people returning from a Christmas trip.

Police say Gagnon's blood-alcohol level was more than twice the legal limit.

Gagnon has pleaded no contest. He was found guilty Friday of aggravated vehicular homicide and aggravated vehicular assault and faces up to 50 years in prison.

Earlier News Report:

TOLEDO, Ohio — A man accused of killing a woman and four children in a wrong-way crash on an interstate while he was drunk is distraught over the deaths, said an attorney speaking for the man's family.

Michael Gagnon, 24, kept his head bowed and said little in court Wednesday during his first appearance since the crash on Sunday that killed five members of a family returning home from a holiday trip.

Toledo Municipal Court Judge Michael Goulding set bond at $1.25 million for five counts of aggravated vehicular homicide.

Gagnon, who still has a cut across his chin, spoke with attorney Rick Sanders on Tuesday while in jail.

"He couldn't believe this had happened," Sanders said. "He's distraught for the situation he's in. He's distraught that people are dead."

Police said tests showed Gagnon, of Adrian, Mich., had a blood-alcohol level more than three times the legal limit when he drove his pickup truck in the wrong direction on Interstate 280.

Gagnon drove about four miles before his pickup truck slammed into the minivan filled with six children and a husband and wife who had spent Christmas with their family in Michigan.

Killed were Bethany Griffin, 36; Vadi Griffin, 2 months; Lacie Burkman, 7; and Haley Burkman, 10, all from Parkville, Md.

Jordan Griffin, 10; who lived with her mother in Redford Township, Mich., also died. Her father, Danny Griffin Jr., 36, who lives in Parkville, and two other children were injured.

About a dozen members of Gagnon's family filled the first two rows of the courtroom during Wednesday's brief hearing. His mother and father, from Muskegon, Mich., sat in the front.

Their attorney said they wanted to say that their thoughts and prayers are with the victims of the crash and their family.

"They don't know what happened," Sanders said of Gagnon's relatives. "They're understandably upset. They're good people."

They left the courtroom in tears and did not want to talk.

Gagnon said during the hearing that he could not afford an attorney because he was a self-employed construction worker.

The judge said a public defender would be appointed for Gagnon.

Gagnon had his driver's license suspended multiple times for not providing proof of insurance or registration.

He also had two speeding tickets since 2002 but had no points on his driving record before Sunday's crash, according to the Michigan secretary of state's office.

Weak Laws Allow Illegal Immigrants to Kill and Kill Again

2008-05-07T09:47:00.000-07:00

Illegal Immigrant Kills Pedestrian Week After Given Probation

If Luciano Melendres had been deported to Mexico following his 2006 arrest for driving drunk – or even if a judge last week hadn't suspended his six-month jail sentence and given him 12 months probation – Dacus Lamont Sims, 32, would be alive today.

Luciano Melendres

As it is, Melendres is back in jail for a second offense, this time charged with DWI, felony hit-and-run, driving with a license revoked, not having insurance and a registration violation, the Charlotte, North Carolina, Observer reported.

Sims, who was hit while crossing a Charlotte street earlier this week, died at the scene.

Melendres continued to a friend's home and was found because a driver who saw the accident followed his car and contacted police. The illegal alien, who has lived and worked in North Carolina for at least 13 months, denied involvement when questioned by officers.

"Why do they let this man constantly drive?" asked Joset Sims, the victim's sister. "If this gentleman is an illegal immigrant, and he was charged with DWI, why did they not deport him?"

When Melendres was arrested for the first offense in March 2006, the Mecklenburg County Sheriff's Office had not yet instituted detainee screening to determine whether prisoners were in the U.S. illegally, resulting in his release. It is unclear whether the court was aware of his status as an illegal alien when it suspended his jail sentence last week and released him on probation.

The sheriff's new screening program identified more than 900 illegal immigrants passing through the jail between April and November last year. DWIs – the most common count – accounted for 190 of the arrests. Traffic violations, in second place, totaled 176 counts.

WND has reported on the growing list of illegal immigrants who have not only ignored U.S. immigration laws, but state laws against drinking and driving as well, killing innocents on the highways in the process, including:

AlfredoRamos: A Mexican national in the U.S. illegally, Ramos was convicted of driving while intoxicated last year, but that didn't keep him from being behind the wheel after a night of drinking last weekend – and now two teenage girls are dead because of it. According to police, Ramos, 22, slammed the 1998 Mitsubishi he was driving into the rear of a 1994 Plymouth driven by Allison Kunhardt, 17, Friday night in Virginia Beach, Va. Kunhardt and her best friend Tessa Tranchant, 16, were stopped at a traffic light when they were hit from behind. Although both wore seat belts, both died – one at the scene and one after arriving at the hospital. Ramos, charged with manslaughter for the two deaths, was convicted last year of public drunkenness in Virginia Beach and driving under the influence in Chesapeake.

Carlos Prieto: Suspected illegal alien from Mexico was held in the Salt Lake County jail after running a red light and broad siding a family of six, killing three, on Christmas Eve 2006. The charging documents say his blood-alcohol level was above the legal limit. The Ceran family, active in local theater and the Church of Jesus Christ of Latter-day Saints, were returning home after attending a performance of Dicken's "The Christmas Carol," which featured several family members, when their car was struck by a truck driven by Carlos Prieto. The crash killed Cheryl Ceran, 47, and two of her children, 15-year-old Ian and 7-year-old Julinna. Cheryl Ceran's husband, Gary Ceran, 45, and their 19-year-old daughter, Clarissa, and 12-year-old son, Caleb, were injured.

Eduardo Raul Morales-Soriano: When this illegal alien, working as a landscaper in Maryland, killed Marine Cpl. Brian Mathews, 21, and his date, Jennifer Bower, 24, on Thanksgiving night, 2006, it wasn't his first accident where alcohol was apparently involved. Nine months before, he was issued four citations and sent home with a friend after a single-car accident when he refused a Breathalyzer test. A policeman's error resulted in Morales-Soriano – who took advantage of North Carolina's easy rules to obtain his driver's license in 2004 – getting his license returned. On the night he killed the young couple, police say his blood alcohol level was measured at .32 – four times the legal level in Maryland for intoxication. Mathews had served 8 months in Iraq and completed another tour of duty in the Pacific.

Guillermo Paniagua: This 29-year-old Mexican construction worker, living in the U.S. illegally, already had 4 DUI arrests when he slammed his pickup, head-on, into the car driven by Needville, Texas, Independent School District Chief of Police Ernie Mendoza on Jan. 19, 2007. Mendoza died instantly and Paniagua, suffering only cuts and bruises, fled the accident scene into the night. The police officer left behind a wife and four children. Paniagua now he faces first-degree felony murder charges, and failure to stop and render aid.

Gustavo Reyes Garcia: Fourteen previous arrests – including four DUIs – didn't keep illegal alien Gustavo Reyes Garcia off the road June 8, 2006, when he slammed his SUV into a sedan driven by Sean and Donna Wilson of Mt. Juliet, Tenn., killing them both. Garcia short-circuited the criminal trial for two counts of vehicular homicide while intoxicated and evading arrest by pleading guilty on April 9, 2007. "It was the case that brought to our attention ... the flaw in the system," Davidson County Sheriff Daron Hall said.

Hector Velazquez-Nava: This 24-year-old Mexican national living in Los Angeles reportedly had a 0.24 percent blood-alcohol level – three times the state level to be considered drunk – about the time he drove his SUV head on into a car driven by 'A Christmas Story' director Bob Clark, killing him and his 22-year-old son at the scene. Velazquez-Nava was arrested for investigation of driving under the influence of alcohol and vehicular manslaughter for the April 4, 2007, accident. According to reports, Velazquez-Nava didn't have any previous deportations but had been convicted in 2004 in Los Angeles of soliciting a prostitute, for which he received 24 months probation and a $1,500 fine after pleading no contest.

Isidro Pena Soto: Passing on one of Northern California's most deadly highways, Soto slammed head on into the pickup truck driven by Kent Boone, a 32-year-old pipe fitter on his way to work and father of five. Pena, who had been arrested or convicted at least nine times since 2003, has been charged with second-degree murder.

Joel Perea and Maurilio Herrera: Police took this death hard – it was one of their own. Deputy Loren Lilly, who had been with the Cobb County Sheriff's Office for 18 years, was pronounced dead at the scene after his Honda Accord flipped several times after being struck by a Ford Taurus driven by Perea. "Obviously, being in law enforcement, none of us wants to roll up and see one of our fellow officers or deputies on the scene as well," said one cop. 27-year-old Perea and his passenger, Herrera, 23 fled the scene before being captured.

Jorge Humberto Hernandez-Soto: Police say was driving more than 100 mph on the wrong side of Interstate 485 when he collided head-on with the car of 18-year-old Min Soon Chang, a freshman from the University of North Carolina at Charlotte, killing him. According to authorities, the illegal alien had already been sent back to Mexico 17 times and convicted of impaired driving at least a couple of times before the November 2005 crash.

Jose Trejo Encino: The 27-year-old illegal alien from Mexico admitted to deputies, at the scene of the November 2006 single car accident that killed one of his passengers and injured another, "to drinking a 12-pack of beer earlier in the night," but not before first trying to throw the cans of beer he still had in his car into the woods before police arrived.

Luis Oscar Garcia: Police said Garcia had a strong odor of alcohol on his person and that his pants were soaked with a liquid that indicated the presence of alcohol when he ran a red light and killed 18-year-old James F. Rogers Jr. of North Jackson, Tenn., in August 2006. The 24-year-old Mexican had been living in the U.S. without a green card for three years.

Marcos Ramos Medina: The 35-year-old Mexican had twice been deported when, on Aug. 4, 2005, his car swerved several times across the center line, causing a tractor-trailer rig to jackknife in Yakima, Wash. His car then plowed head-on into the 2000 Lexus driven by Peggy Keller, 53, dean of distance education at Yakima Valley Community College, killing her at the scene. Medina, who was found to have at least eight aliases and falsely identified himself at his first court appearance, escaped serious injury. The case against the Mexican national was declared a mistrial in August 2006 because his constitutional right to remain silent had been violated. It took a second jury only 30 minutes to find Medina guilty three months later.

Miguel Garduno Gonzalez: The 43-year-old was accused of causing an accident near Lakeland, Fla., on Aug. 2, 2006, that left Haines City police officer Phoenix Braithwaite, 24, dead. Gonzalez was driving a van that while passing two trucks on U.S. 17-92 in Osceola County near the Polk County line hit the officer, who was on his way to work. Braithwaite, who was riding his motorcycle, was hit head-on and died at the scene. Gonzalez, an illegal immigrant, was not hurt and fled the scene. Two passengers in the van also were not hurt also are illegal immigrants. Gonzalez was being held without bail and the two others were held as material witnesses.

Pastor Rios Sanchez: Despite having pleaded guilty to driving without a license in 2005, and similar counts in March and April of 2006, Sanchez was still on the road on Oct. 27, 2006, when he crossed the yellow line near Sanford, N.C., and collided head-on with a stationwagon carrying Helen Meghan Hughes, 22, of Summerville, S.C., Jennifer Carter, 18, of Jacksonville, N.C., and Hughes' stepbrother, 16-year-old Ben Leonard. All three were killed. The 55-year-old illegal alien was allegedly drunk and carrying a forged residency card.

Ramiro Gallegos: In July 2005, Gallegos had already been charged on three separate occasions with drunk driving. His fourth offence caused the death of Scott Gardiner of Mount Holly, N.C., a father of two young children, when the Mexican citizen's truck struck Gardner's station wagon as he drove his family to the coast for vacation.

Vitalina Bautista Vargas: Neighbors of Louella Winton said the van driven by Vargas, an illegal alien from Mexico, never slowed down before plowing through Winton's home, knocking the 91-year-old woman, who had been asleep in bed, against the wall of the house next door and leaving her under the vehicle outside the house. Winton died of complications from her injuries.

Little caution, critics say, is being exercised when it comes to preventing mayhem on America's highways as the country witnesses record high numbers of unlicensed, unregistered, uninsured drivers – millions of whom are illegal aliens.

While no one – in or out of government – tracks traffic accidents caused by illegal aliens, the statistical and anecdotal evidence suggests many of last year's 42,636 road deaths involved illegal aliens.

A report by the AAA Foundation for Traffic Study found 20 percent of fatal accidents involve at least one driver who lacks a valid license. In California, another study showed that those who have never held a valid license are about five times more likely to be involved in a fatal road accident than licensed drivers.

Statistically, that makes them an even greater danger on the road than drivers whose licenses have been suspended or revoked – and nearly as dangerous as drunk drivers.

6-time DUI Offender Ignacio Merendon-Zerega Kills Woman

2008-05-06T16:34:00.000-07:00

Published: May 6, 2008
By PAUL DAQUILANTEOf the News-Register

Exasperated authorities may finally have found a solution to Ignacio Merendon-Zerega's penchant for getting behind the wheel drunk and paying no heed to anyone who gets in his way.

The 44-year-old illegal immigrant will spend the next 15 years in the state prison system, then be deported to his native Mexico.

However, it's too late for the Cox family of Newberg. Judyth Ann Cox died in December - leaving her husband of 48 years, 72-year-old Craig, a widower - after Merendon, in a drunken stupor, crashed his Dodge Caravan into their Geo Storm.

About 2 1/2 hours after the crash, Merendon's blood alcohol content still measured .347. That's more than four times the .08 establishing the presumption on impairment in Oregon.

According to statements in court, the Woodburn resident started his day by mixing 10 shots of tequila with his morning coffee, then switched to beer. Thus fortified, he got behind the wheel and took off, driving with a suspended license.

And it was apparently something he had done many times before.

Merendon's record shows six previous drunken driving convictions. It shows a hit and run conviction from a DUII crash in which he registered a blood alcohol content of .29 - almost four times the legal limit. It shows repeated license suspensions and revocations, coupled with a previous deportation to Mexico.

But nothing seemed to stop him. After the deportation, he returned to the U.S., returned to the bottle and returned to the road, records show.

Before Yamhill County Circuit Judge Cal Tichenor sentenced him Monday on one count each of first-degree manslaughter, fourth-degree assault, driving while suspended and felony driving under the influence, Merendon told the court, "I'm sorry." But prosecutor Alicia Eagan said he showed no remorse at all at the crash scene.

Eagan said he climbed from his van, leaned against it and lit a cigarette. When informed 66-year-old Judy Cox had succumbed to her injuries, she said, he reportedly responded, "She shouldn't have died. It wasn't that big of a crash."

She said several witnesses reported seeing Merendon weaving all over the road shortly before the crash, alternately crossing the center line and fog line.

"He was drunk, very, very drunk," she told the court. "One officer said he was visibly, obviously intoxicated."

At one point, a fellow motorist rolled down his window and yelled at Merendon, "Get off the road before you kill someone," Eagan said. And minutes later, the unheeding Woodburn resident did just that.

If a murder case could ever be made as a result of a DUII crash, Eagan said, this would be the one.

Tichenor seconded that.

"You deliberately killed another human being," he told Merendon as he pronounced sentence under terms of a plea bargain. "You showed no regard for the life of that woman or the lives of anyone else."

Under Oregon sentencing guidelines, Merendon could have gotten as much as 20 years, Eagan said. However, that would have required taking the case to trial, instead of negotiating a plea bargain under which counts of reckless driving and recklessly endangering another were dropped.

"Potentially, he could have gotten 20," she said. "Had we gone to trial and won, and with enhancement factors, I think we could have gotten the 20. But I wasn't going to put the family through a trial."

For members of the family, who filled two rows in the courtroom Monday, the sentencing hearing was a difficult emotional ordeal in its own right.

Cox's daughter, Vicki Peterson, submitted a letter in which she told Tichenor her mother had suffered a permanent brain injury 25 years earlier at the hands of another drunken driver. She told him a family friend had died in that crash.

Retired First Baptist Church Pastor Bernie Taylor of McMinnville, a longtime friend of the Cox family, read the letter on Peterson's behalf as Eagan offered her emotional support.
Peterson said her mom was her best friend. She was an incredible woman whose philosophy was to make the world around you a better place just by being in it.

Laughter was her signature. She found humor whenever she could.

Peterson said she considered herself the luckiest daughter in the world to have had Judy Cox for her mother.

She called Cox an amazing mother-in-law to her husband and an amazing grandmother to her children. Now they all are left with a huge hole and struggling with the senselessness of this tragedy, she said.

Peterson said her parents' marriage was filled with love and strength. It was an inspiration to all. Now she watches her dad carry on alone and it's heart wrenching to see the pain and loneliness he is having to endure.

"It is incomprehensible that this could happen twice to our family," Peterson said, referring back to a March 1980 crash that left her then 39-year-old mother hospitalized for three months.

She said her mom had to have a vega nerve stimulator implant to control her seizures, and still had to take anti-seizure medication the rest of her life. But she said Cox had been doing especially well in the months before the December crash in Newberg.

"She was feeling better than she had since the first crash," Peterson said. "My parents finally had gotten to the point where they could retire and travel to do and see all they wanted to. Ignacio Merendon-Zerega had no right to take that away."

Keith Swanson, a Salem attorney, read a letter from Craig Cox.

He said words weren't sufficient to describe the 48 years they had together. He said there were difficult times, but they worked hard to overcome them.

"Now it's over forever," he said. "This man killed my wife and me. This is a life sentence for me, and he only will get 15 years. I am more alone now than any time of my life."

He said his daughter and son lost the love of their life and their best friend, as he did. He said Merendon "ripped our hearts out."

"I can't even talk about it without crying," Cox said. "All our grandchildren are suffering more than I can say. She won't be there for Christmas or birthdays or any other family get togethers."
Letters were also submitted by Vicki Peterson's husband, Sam; Sam and Vicki's daughter, Hannah; Sam's sister, Judy; cousins Pat Williams and Paul Kinser; and other family members. Turner also submitted a letter, as did Judy Cox's long-time friend, Judy Newton.

Sam Peterson said Merendon had left a black hole in all their hearts - one that would never be filled.

"I'm sorry I couldn't come to court, but I can't see him," Hannah Peterson said. "I can't see the scum who murdered my grandma. I can't. I don't want to.

"Please don't let him hurt anyone else. Please. No one deserves to feel like this."

Eagan said, "Before this hearing, I chose to read all these letters rather than focus on the reports of the crash. I feel as thought I know her. This was a lovely woman."

Shawn Burritt, Repeat DUI Offender Kills 18 Year Old Nicholas Fournier

2008-05-05T22:39:00.000-07:00

By Lisa Rathke
Associated Press Writer

BURLINGTON, Vt.—A repeat drunk driver who killed a Franklin County teenager in a wrong-way crash on Interstate 89 last year was sentenced Monday to 10 to 20 years in prison.

In a court room filled with the victim's family and friends, Shawn Burritt, 33, of Jericho pleaded guilty to driving under the influence, causing a fatality, and leaving the scene of a crash. Three other charges were dropped as part of the plea deal.

Nicholas Fournier, 18
Killed by a Drunk Driver

On Nov. 17, Burritt -- who lost his driver's license for life after three drunken driving convictions -- drove the wrong way on the interstate and plowed his car into one carrying Nicholas Fournier, 18, of West Swanton.

Burritt had admitted to having eight to nine beers at a Colchester bar, with his last about 30 minutes before the crash.

Through tears, Fournier's mother told Burritt the loss of her son meant a lifetime without parole from her grief.

"You killed our son ... You took our future," Cathy Fournier said.

Describing Nick Fournier as a loving, fun person, who played by the rules, family and friends, who have rallied at the Statehouse for tougher drunken driving laws, accused Burritt of disrespecting laws and having no remorse.

Some pleaded with Judge Linda Leavitt for a longer minimum sentence to send a message to drunken drivers.

"I don't want to see people suffering like we're suffering. I don't want to see people like Nick not in this world," said Earl Fournier, Nick's uncle.

But Leavitt accepted the plea deal which she said she understood the family supported. Before doing so, she asked Burritt to respond to the family's accusations.

"This is such a horrible event that you've created," Leavitt said. "I hope something good will come out of this ... The life you took was so precious to so many."

Burritt apologized to the family, saying he had been an alcoholic since he was 18, and tried to stop drinking many times. He told the judge that after being convicted of drunken driving, he would remain sober for several years but start drinking again with friends. When asked what might have prevented that, he said more jail time.

"I hope there will be more laws and programs to prevent tragedies like this from happening again," he said.

Chittenden County State's Attorney T.J. Donovan called the plea deal a fair and appropriate solution, but acknowledged that it may not be sufficient for the victim's family.

"These are terrible, terrible tragic cases," he said. "It's never enough."

Repeat Drunk Driving Remains a Problem

2008-05-04T11:12:00.000-07:00

Eight-time DUI Offender Kills Four

May 03, 2008
CURTIS JOHNSON
The Herald

Repeat offenders consistently account for a substantial portion of the overall drunken driving problem, and many believe reversing the trend will take increased public pressure on the court system and legislative action.

An April 17, 2008 vehicle crash in Wayne County underscored the problem. Investigators charged a repeat drunken driver with stealing a vehicle, driving it into West Virginia, crossing the center line and hitting another truck head on.

Click here for a look at DUI offender data

The crash killed John Michael Boone, 28, of Kenova, and his two children, Jordan Micheal, 3, and Michael Tyler, 2. The father's friend, Thomas "Reno" Hardwick of Fort Gay, also died in the crash.

Father, daughter, son and
friend killed by 8-time
offender Bobby Frazier.

Bobby's most recent
punishment was a fine
and 30 days in jail.

Investigators charged Bobby Frazier, 47, of Louisa, Ky., with being intoxicated at the time. Frazier had at least eight prior drunken driving arrests in Kentucky, and his most recent punishment was a fine and 30 days in jail.

The victims' families are pushing for stronger drunken driving laws. Charles Hardwick said the current system let his family down, and Tronnie Boone said there must be a stopping point to keep repeat offenders from getting behind the wheel. Both men are fathers of the oldest victims.

"The courts are going to have to realize they are letting these people out and giving them too many chances to kill families," Tronnie Boone said.

But stopping drunken drivers is a complex issue. Sometimes prison may be the only way to keep a repeat offender from getting behind the wheel in a society that talks tough against drunken driving but too often excuses it as a human mistake when a loved one or acquaintance is arrested.

Joyce Abbott, the manager of driver improvement for the West Virginia Division of Motor Vehicles, said apathy leads to a lack of public pressure on a system already faced with prison overcrowding and increased criminal caseloads.

"It's not treated seriously enough, early enough," she said. "Instead of treating it like the criminal act that it is, it is treated more like a social ill instead of the possibility of hurting and maiming someone."

Statistics reveal a problem

Repeat offenders account for nearly one-third of all drunken driving arrests, according to national and local statistics. That concerns traffic safety advocates.

"It bothers me when I see someone that has had five, six or seven arrests because I know that they have been drinking and driving more than those five or six times," said Larry Kendall, who is the regional coordinator for the Governor's Highway Safety Program. "No one gets arrested every time they're drinking and driving."

In Cabell County, repeat drunken driving violations accounted for 30 percent of all DUI warrants filed in Magistrate Court between 2004 and 2007. Abbott said repeat offenders accounted for about 20 percent of the agency's DUI revocations between fiscal years 2005 and 2007.

Statistics from the state Division of Motor Vehicles also indicate a drunken driver is far more likely to have his license revoked in West Virginia than be criminally convicted of driving under the influence. The agency revoked 38,198 driver's licenses between fiscal years 2004 and 2007. That is compared with 17,118 drunken driving convictions during the same time period.

Abbott said the disparity proves the administrative court system is doing its job in revoking licenses, but the state's criminal justice system is struggling to effectively prosecute and convict those same offenders.

The discrepancy also can be attributed criminal prosecutors having to meet a higher burden of proof, delays in prosecuting each case and some courts simply not reporting their convictions to the state agency.

Donna Hawkins, state director of Mothers Against Drunk Driving, said her group believes the state's drunken driving laws are strong enough. She said the state needs a criminal justice system to apply those laws, instead of reducing charges and granting plea bargains.
"The general public, in survey after survey, clearly says to get the drunk drivers, particularly the repeat offenders off the road," she said.

Almost half of the felony drunken driving cases filed during 2005 and 2007 in Cabell County were reduced to misdemeanor charges in magistrate court, according to a review of court records by The Herald-Dispatch. The review discovered most every offender pleaded guilty to the lesser charge.

Numbers from the state Division of Corrections indicate a similar problem. The agency's 2007 Annual Report states 92 prisoners were being held on a third-offense DUI conviction as of June 30, 2007.

That equates to 1.6 prisoners per county. The possible sentence for third-offense DUI is one to three years in prison.

The need for public pressure

The lack of evidence, cost of incarceration and large caseloads can lead to criminal charges being reduced. Safety advocates believe those forces can be fought when strong public pressure is applied to prosecutors and judges.

Wayne County Sheriff David Pennington was among several people who mentioned MADD's success when the group used to monitor courtrooms in the area.

"With that pressure, I remember some of the magistrates saying 'Don't do that. We've got Mothers Against Drunk Drivers sitting out there in the courtroom,'" he said.

MADD is currently rebuilding its presence in West Virginia, and that is welcome news to Abbott, Kendall and other safety advocates. They said the group's efforts are largely responsible for pushing state lawmakers to pass strong laws several years ago.

Now those laws need to be enforced, and Kendall said public pressure will ensure that happens.
"If the public knows what is going on in a courtroom, there probably would be more accountability," he said. "That public interest and that public concern needs to be raised again."
Hawkins said the success of those initiatives largely depends upon volunteers stepping forward to provide time and financial support.

But an endless amount of public pressure will not stop all charges from being reduced, according to area prosecutors and circuit judges.

Cabell's Chief Circuit Judge Alfred Ferguson said nobody likes plea bargaining, but he believes it can be a necessity. That is especially true at the magistrate level in larger counties.

"What if they started asking for a jury trial in every one of those cases?" he questioned. "It would come to a screeching halt. There is just no way it could be done. ... It's up to the powers that be to pick out which cases they really want to go forward with and really be hard-nosed with."

The strength of a case also can force a charge to be reduced. For instance, Ferguson said the blood alcohol level could be very close to the legal limit thus causing concern about a potential conviction.

Other reasons include the failure of witnesses to appear in court and differences in the reporting of crime between jurisdiction.

"The reasons are numerous," Cabell Circuit Judge John Cummings said. "What may be illegal in one jurisdiction may not be a crime, or the same crime, in another."

That is especially true in border counties, according to Wayne County Prosecutor Jim Young. He said the evidence needed to support a crime in Kentucky or Ohio may not match the elements of a crime in the Mountain State.

Young, Ferguson and Cummings said researching a prior charge can be a chore. Authorities can use a national crime database to research one's past, but finding that information is only doable when the prior offense is entered by the other jurisdiction. The database may be incomplete, but Young and Ferguson said it can point investigators in the right direction.

Inaccurate information about someone's record also can lead to the wrong charge being filed at the time of an arrest. That forces the prosecutor to reduce the charge at a later date, Cabell County Prosecutor Chris Chiles said.

For example, a prior drunken driving charge only counts as a repeat offense if it occurred in the past 10 years. That exemption led to a New Year's Day, third-offense arrest being reduced in 2007.

Chiles and Young said agreeing to a reduced charge may benefit the state in some instances. The lesser charge may allow longer monitoring on home confinement than a jail sentence. For example, some repeat offenders have been transferred to work release after serving less than a year behind bars because of overcrowding within the state's prisons.

Whatever the reason, the court officials said reducing a charge from first-offense to second-offense does not eliminate the possibility of a third-offense felony charge when the next incident occurs.

Every plea agreement must be approved by a judge, and most decisions about DUI cases are made by county magistrates in West Virginia. They are only required to have a high school diploma, which means they have the least amount of experience when considering a plea agreement supported by a prosecutor and defense attorney.

"I know justice is not done in every case," Ferguson said. "I've been watching the magistrate court system. There are a lot of problems with the magistrate system."

Some will not stop drinking and driving

The toughest of punishments will not always stop a person from drinking and driving.
For instance, prosecutors were forced to seek a life sentence for a Cabell County man under the state's three-felony-strikes-and-you're-out law. Their efforts followed the arrest of Thomas Talbert. He was arrested Sept. 10, 2005, two days after he was released from prison on a prior conviction. It was his eighth drunken driving arrest since May 1992.

Cummings called it a sociological problem, and Ferguson said it is something he has dealt with at many sentencing hearings.

"If you're an alcoholic you can drink at home," Ferguson said in recalling what he tells defendants. "You can pass out. You can throw up. You can make your family miserable. You can get cirrhosis of the liver. You can die at an early age. You can do that all you want to, but once you go out and get in a car and you drive off, then you are my problem because you are a danger to society."

Repeat offenders also have a history of not completing the state's mandatory alcohol education and assessment program, according to Abbott and a review by The Herald-Dispatch.

"You cannot force these people into the program," she said. "They have to go into the programs pretty much willingly. There is no real stick or hammer. There is nothing to force these people into these programs."

Many groups, including MADD and the state Division of Motor Vehicles, support ignition interlock programs. It requires a Breathalyzer to be placed on the vehicle. If a person proves to be sober, then the ignition starts and the person can drive.

Hawkins said newer systems require testing during someone's journey. The equipment also can take photos of the testing subject, thus confirming the repeat offender does not have somebody else blowing into the instrument for them.

Abbott said the interlock system requires the offender to participate in the alcohol education and assessment program.

But opponents say a repeat offender can avoid the interlock system altogether by driving another person's vehicle. For instance, police say Frazier stole the vehicle used in the Wayne County crash.

"They only way you're ever going to keep from driving a car frankly is to incarcerate them," Abbott said. "As soon as they get out, it doesn't matter. They are going to drive again. There just really is no easy answer to DUI."

Young and Ferguson said they support longer sentences. Both said they believe lawmakers should increase the minimum, one-year prison term.

"It probably would be more helpful if you had a more severe penalty for more than third-offense. The fourth and fifth or something," he said. "Those that repeat even after having been to prison, there needs to be some other deterrent."

Ferguson also said he is an advocate of determinant sentencing. That would allow a circuit judge to sentence someone to a minimum three years of prison, instead of a one- to three-year window. The current, indeterminate window currently allows prisoners to max out the third-offense sentence in 18 months.

Remembering Christopher Cooper "Coop" - Killed by Drunk Driver Wilfredo Pujols

2008-05-02T16:06:00.000-07:00

Remembering Christopher Cooper
Killed at age 17 by a Drunk Driver

Christopher Cooper “Coop” was a junior at Truman High School. He was killed by a drunk driver when a car being chased by police struck his bicycle November, 2007. Wilfredo Pujols was charged with second degree murder, resisting arrest, two counts of leaving the scene of an accident and one count of DWI.

Visit his MySpace Page: http://www.myspace.com/rwtfchriscooper

(from his MySpace page)

His Favorite Things To Do: Skating, biking, spending time with my friends and family, spring break, summer break, camping, music, music, music.

His Heroes: “My heroes are my Mom and Dad, my brother Ryan, my Aunts Stacy and Kim, my cousin Corey, my best friends Stephen and Dylan, all my girls, and all my friends who love and miss me. I am with you always, and I love you.”

"I am now an ethereal angel, and I watch over and guide those who I love and who love me. I will always be with you, and I will be there for you whenever you need me. Do not weep, but if you must, always know that your tears will be swept away by my eternal love for you. Do not stand at my grave and weep, I am not there, I do not sleep. I am in a thousand winds that blow, I am the softly falling snow. I am the gentle showers of rain, I am the fields of ripening grain. I am in the morning hush, I am in the graceful rush Of beautiful birds of circling flight, I am the star-shine of the night. I am in the flowers that bloom, I am in a quiet room. I am in the birds that sing, I am in each lovely thing. Do not stand at my grave and cry, I am not there, I do not die."

Doctoral Student Killed by Drunk Driver Danielle Witherspoon

2008-05-02T14:45:00.000-07:00

58-year-old doctoral student killed by drunk driver

By Robert Moran
Inquirer Staff Writer

NEWS VIDEO

Sandra Schinfeld, a Melrose Park woman who was about to earn a doctorate in public health at the age of 58, was killed by a 24-year-old drunk driver early Sunday on North Broad Street in the city's Logan section.

Her husband, Jay Schinfeld, 60, who practices reproductive medicine, said they were returning from a performance of the Alvin Ailey American Dance Theater at the Kimmel Center when their car was struck on the passenger side by another vehicle.

Police arrested Danielle Witherspoon, 24, of the 5000 block of North Franklin Street in Olney, at the accident scene near Albert Einstein Medical Center and charged her with involuntary manslaughter and driving under the influence.

The accident occurred at 12:18 a.m. and Mrs. Schinfeld was pronounced dead at Einstein at 3:55 a.m., police said. Her husband was treated for minor injuries.

Mrs. Schinfeld was seeking a doctorate at Temple University while also working at the Jefferson Center for Applied Research on Aging and Health at Thomas Jefferson University and serving as vice president of Congregation Adath Jeshurun in Elkins Park.

"She was a vivacious, ebullient, optimistic, just always upbeat person," said Rabbi Seymour Rosenbloom.

"This senseless act of drunken driving has taken a star from us," he said. "It's inexcusable."
In an e-mail to dozens of students, staff and faculty at Temple, Stephen J. Lepore, professor of public health, said Mrs. Schinfeld had been working in the Social and Behavioral Health Interventions lab and was "an integral part of the investigative team seeking to improve the life of cancer survivors and to reduce disparities in cancer among medically underserved minority populations."

Lepore, director of Ph.D. programs for the Department of Public Health, added: "In many ways, Sandy was like the lab 'mother,' always interested in what everyone was doing, offering a kind word and advice when needed, and constantly bringing in good things to eat."

In an interview yesterday, Lepore said Mrs. Schinfeld was likely to have completed her doctoral work this summer. He has inquired about whether the university can give her a posthumous honorary degree.

"She was getting real close," said her husband, who specializes in reproductive endocrinology and infertility at Abington Memorial Hospital.

Last week, he said, she was up until "1:30 every night" working on her dissertation.

They met 40 years ago while the two attended separate colleges in Connecticut.

The first time he saw her, he said, he told his friends, "I'm going to marry her," which he did four years later.

"To see them at a dance floor at a party," said Rosenbloom, "you could see the chemistry between them."

They raised two sons, Seth and Eric. Mrs. Schinfeld also is survived by her parents, Irv and Roe Gale, and a brother.

Schinfeld said his wife had delayed obtaining a doctorate because "family was her priority."
Laura N. Gitlin, director of the Jefferson Center, said Mrs. Schinfeld pursued her work and studies, as well as volunteerism, because she "was completely involved in the world. She really wanted to make a difference in people's lives."

Victim's Rights Week. Parents March for Justice!

2008-04-21T23:18:00.000-07:00

Last week several of Rachel’s family members attended Victim’s Rights Week starting with a Candle Light Vigil Wednesday night and then a March to Riverside County’s Historic Court House the following day. Victim’s Rights Week honors victims if violent crimes.

I learned that 1 person is murdered every hour in Riverside County, scary!

Speeches started around noon, featuring Erin Runnion of Orange County, who founded the Joyful Child Foundation after her daughter Samantha was kidnapped and murdered by a child molester in 2002; Kim Goldman, whose brother Ron was murdered in 1994, and Mark Klaas, who founded the Polly Klaas Foundation following the 1993 murder of his daughter at the hands of a sex offender.

One of the most graphic displays was an exhibit sponsored by Mothers Against Drunk Driving, consisting of a massively damaged car. A 3 time offender struck this car going 94 miles an hour killing a 26-year old mother and her 2 year old daughter. He survived the accident.

[click on images to enlarge]

Rachel’s father Steve Elliott marched with determination holding a large poster of Rachel and never once let it rest. He was also able to meet in person two District Attorney assistants who will be assisting with Rachel’s case.

Lindsay made a Memory Board in honor of Rachel’s life, which was on display for hundreds of people to see. I watched many people walk up and look at images of our precious Rachel.

I was with Steve during the March and although it was heartbreaking to be in the company of this sort, I know it is just a fact of life now and I will attend next year and do all I can to ensure that Rachel’s tragic story is hear over and over.

2 Adults, 2 Infants Killed by 8-time DUI Offender Bobby Frazier

2008-04-20T09:13:00.000-07:00

Drunk Driver Bobby Frazier Kills Four in Accident

April 19, 2008 - 05:58
Posted by: Jenny Albano

On Thursday night, April 18, 2008 a drunk driver caused a car crash that sent him to the hospital and killed four others in Wayne County.

The Sheriff's Department reported that Bobby Frazier was driving his Ford F-150 inebriated and crossed the center line of the highway. He then hit another pick-up truck head on, killing all four people in the vehicle.

John Michael Boone, 28, his children 2-year-old Michael Tyler and 3-year-old Jordan Michelle, and a family friend, Thomas Reno Hardwick, 29, were killed, deputies say.

Investigators charged Bobby Frazier, 47, of Louisa, Ky., with being intoxicated at the time. Frazier had at least 8 prior drunken driving arrests in Kentucky, and his most recent punishment was a fine and 30 days in jail.

Frazier was taken to a local hospital and after he is treated and released he will be arrested and charged with 9th offense DUI and four counts of DUI causing death.

Deputies reported that the children were in child safety seats and were properly restrained in the Chevy Colorado.

Judge Sandra McLean Favors Drunk Drivers

2008-04-15T17:31:00.000-07:00

My brother-in-law sent me a news article about Judge Sandra McLean today. My brother-in-law and his wife (my sister) were not too pleased in reading this article, especially since they lost their 18 year old daughter to a drunk driver two months ago. When will mayhem end my friends? When will laws protect the innocent instead of coddle the guilty?

My prediction: Ignacio Segura (the drunk driver who killed an innocent man) will kill again.

How do I know this?
1) He is free to drive again, even though he was driving with a suspended license.
2) He is free to drive again, even though he killed an innocent man.
3) It is very common for offenders to go out and commit the same crime over and over, that's a fact.

What if Ignacio Segura kills your family member next? Are you mad? I'm mad as hell!

Judge Sandra McLean's job and duty is to protect citizens! This is absolute insanity!

THE ARTICLE:

Intoxicated, unlicensed motorist gets jail, probation in fatal crash
By TERRY VAU DELL - Staff Writer
Article Launched: 04/11/2008 12:27:53 AM PDT

OROVILLE -- To the dismay of the victim's family, an intoxicated and unlicensed driver who caused the death of an Oroville motorist was granted probation in court Thursday.
Ignacio David Segura, 22, of Oroville, who also drew 175 days in jail, had pleaded no contest to a charge of vehicular manslaughter while intoxicated.

Segura reportedly was driving with an alcohol level just slightly above the .08 percent legal limit when his pickup collided head-on with another truck driven by Marc Roy Patterson, 59, also of Oroville.

Patterson was pronounced dead at the scene. The California Highway Patrol concluded the defendant was driving eastbound on Lower Wyandotte Road March 10, 2007, shortly before midnight when he crossed the center divider into the on-coming path of the victim's pickup just east of Drescher Tract Road in Oroville.

At Segura's Butte County Superior Court sentencing Thursday, three members of the victim's family spoke of their loss and joined the prosecutor in urging the intoxicated motorist be sent to prison.

Deputy district attorney Michael Candela pointed out Segura was driving with a suspended license and allegedly had told different stories to police about how much beer he had consumed and where that night.

A pre-sentence probation report to the court that recommended a 120-day jail term for Segura, noted it was the Oroville man's first criminal conviction of any kind.

Judge Sandra McLean sentenced Segura Thursday to five years probation, but increased his jail term to 175 days. Calling the defendant "the poster child" for laws against drinking and driving, the judge said she found it significant Segura's first accident of any kind resulted in "the worst that could possibly happen."