Posted on 12/14/2004 9:03:46 AM PST by atomic_dog
Charges in fatal accident reduced
No-contest plea in crash that killed firefighter
By GEORGE B. SANCHEZ
Herald Salinas Bureau
The Monterey County District Attorney's office dropped vehicular manslaughter charges against a woman who struck a volunteer firefighter from Soledad with her car while he battled a car fire on Highway 101 in March. She pleaded no contest to lesser charges Monday afternoon.
Oreina Zarco-Alvarez, 28, pleaded no contest to failing to stop and identify herself at the scene of the accident resulting in death, a felony, and driving without a license, a misdemeanor.
The most serious charge, vehicular manslaughter, was dropped, as was a misdemeanor charge of driving without insurance.
"The evidence doesn't support the charges of (vehicular manslaughter)," Deputy District Attorney Bob Burlison said Monday.
Burlison said his office dropped the charges because of the California Highway Patrol's Multi-Disciplinary Accident Investigation Team review of the accident and interviews with more than 20 witnesses. Burlison did not disclose the findings of the report nor the interviews but said they will likely be available to the public as part of Zarco-Alvarez's probation report when she is sentenced in February.
"Based on MAITE's investigation and witness interviews, she's not guilty of vehicular manslaughter," Burlison said.
On March 13, a minivan caught fire along Highway 101 and the Soledad Fire Department responded to the call. Volunteer firefighter Mario Cunha was part of the responding team. When firefighters doused the fire with water, sending thick plumes of black smoke into the highway lanes, another car came within feet of hitting the fire engine, Burlison said.
CHP officers said Zarco-Alvarez drove blindly through the smoke and hit Cunha, throwing him more than 10 feet in the air and over the fire engine. He died at the scene, CHP officers said. Twelve days later, dozens of firefighters from across California arrived in Monterey to give Cunha a traditional firefighter's burial service.
Judge Terrance Duncan told Zarco-Alvarez, through a court-appointed translator, that she could face a maximum of four years in prison for her plea. Her attorney, Eugene Martinez, said he hoped she would get a lighter penalty.
"She entered the plea because it represents what she did," Martinez said. "She's in a good position to obtain felony probation."
A field worker from Mexico, Zarco-Alvarez has two children in her native country whom she badly wants to be reunited with after her sentencing in February, Martinez said.
If I did this you can bet your bottom dollar that I'd be charged with vehicular homicide and a couple of other charges too boot.
I really am suprised though that this local MSM outlet let that last paragraph go to press. Normally the only way you can figure out that an illegal alien was involved is by what they don't say.
Would giving illegals drivers licenses have saved this firefighters life? I kinda doubt it. Would enforcement of out existing laws? Definitely.
So she'll get probation, go back to Mexico to see her kids and then be back for next years growing season. If it wasn't so sad it'd be hilarious.
Had to have been a Liberal judge presiding on this case. Only an empty-headed fool would let a hit-and-run killer off so lightly.
Any of the rest of us would have the book thrown at us, but since she's an illegal she gets off.
This is a disgrace and the firemans family and friends should be outraged.
OUTRAGEOUS!
I know I'm naive. I would ask two questions:
"Where you driving a vehicle?"
"Yes."
"Okay, looks like we got something vehicular here. Last question -- was anybody killed by this vehicle?"
"Yes."
"Looks like vehicular manslaughter here. Let's check for blood on the grill -- we can count that as evidence."
ping
Imbecilic judges!
I'm sorry, as a firefighter I have to say the victim's officer should be charged with something.
When ever our department operates on a highway firefighters are never allowed to be in a vunerable position. We always protect them by having a vehicle between them and the traffic. They never operate with their back to traffic unless the traffic has been stopped
"You know, I'm going to start thanking
the woman who cleans the restroom in
the building I work in. I'm going to start
thinking of her as a human being"
That isn't exactly the title of the article now is it.
I'd be willing to wager, she never see's the other side of the border, if she even shows for the sentencing hearing. This madness has to end yesterday. Blackbird.
A special thanks to all of our nation's politicians (including the current administration) for allowing crap like this to go unpunished.
So message here is if you are an Illegal alien and kill someone you will be absolved of your crime???
I suppose had Ms. Zarco-Alvarez been allowed a license this would have never happened.........../sarcasm.
No, if she were not here, it would have never happened.
This illegal alien criminal and murderer is getting off. This needs to stop. She should be in jail. She is here illegally and killed an American Hero Firefighter.
My prayers go to the firefighter's family.
Just amazed how some people think EVERYTHING is a conspiracy when it comes to illegals ... The Judge, the CHP, the DA, the witnesses...
as a wise man once said "sometimes a cigar is just a cigar"
"Burlison said his office dropped the charges because of the California Highway Patrol's Multi-Disciplinary Accident Investigation Team review of the accident and interviews with more than 20 witnesses. Burlison did not disclose the findings of the report nor the interviews but said they will likely be available to the public as part of Zarco-Alvarez's probation report when she is sentenced in February."
Now the INS should have had her out of here to begin with, but that's a different story.
I can see that. But, I can't imagine driving through black smoke I couldn't see through, either. That's nuts.
Original title.
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