Manslaughter conviction sends DUI driver(Illegal) to prison

San Diego Union ^ | Feb 15, 2006 | Dana Littlefield

[radar101]

A Mexican national was sentenced yesterday to five years in prison for driving drunk and crashing into a tree in Rancho Bernardo last year, killing one of his passengers.

Jose Gutierrez Acosta, 23, pleaded guilty Nov. 30 in San Diego Superior Court to gross vehicular manslaughter while intoxicated, and to carrying a false immigration document.

He was charged in the death of Alejandro Vivas, 22, of Poway, who was killed on impact.

Prosecutors said Acosta had been drinking with friends Oct. 9 at the Poway apartment where he lived with his brother.

He was traveling about 80 mph in a 45 mph zone when he lost control of the vehicle and hit a tree on Bernardo Heights Parkway west of Pomerado Road.

“It just about ripped the car in half,” Deputy District Cally Bright told the judge. She also said Acosta admitted he had eight or nine beers and took cocaine before getting behind the wheel.

Acosta was hospitalized with a fractured collarbone and other injuries.

Two passengers who were cut and bruised contacted police about 10 hours after the accident and identified Acosta as the driver, according to court documents.

Acosta's blood alcohol level was .16 of a percent, twice the legal limit of .08 of a percent.

“I know that what happened was a grave mistake,” Acosta told a judge yesterday through a Spanish-speaking interpreter. “It was a mistake that I made and that's why I'm taking responsibility for my actions.

“I would like to ask with all of my heart that the victim's family forgive me,” Acosta said.

Deputy Public Defender Richard Castellanos said Acosta has no previous criminal record and is highly regarded by his employers and former teachers at Poway High School, some of whom wrote letters to the judge.

Judge Charles Rogers told Acosta he spoke “eloquently and with great dignity” in the courtroom and noted that the letters submitted on his behalf were “unusually positive” given the circumstances.

Rogers said choosing an appropriate sentence was difficult because although Acosta's actions caused a man's death, “every indication is that he's a fine young man.”

“This case is not black and white at all,” the judge said.

Castellanos explained outside the courtroom that his client will likely be deported to Mexico, where his mother and sister live, after he completes his prison term.

Acosta has lived in the United States for about five years and was a cook in various restaurants.

Dana Littlefield: (619) 542-4590; dana.littlefield@uniontrib.com

[martin_fierro]

What does it say about the character of a nation that says to its most clueless citizens: "By all means, emigrate to the U.S. We won't do anything to stop you. Here's a map showing you how to sneak in. Be sure to send your earnings back to your relatives here."

[bikepacker67]

What does it say about the character of a nation that says to its most clueless citizens: "By all means, emigrate to the U.S. We won't do anything to stop you. Here's a map showing you how to sneak in. Be sure to send your earnings back to your relatives here."

Actually... what does it say about the character of this nations leaders - both parties are full of scumbag traitors.

[starfish923]

What does it say about the character of a nation that says to its most clueless citizens: "By all means, emigrate to the U.S. We won't do anything to stop you. Here's a map showing you how to sneak in. Be sure to send your earnings back to your relatives here."

It says that cheap, illegal labor is more important than our laws regarding immigration, legal employment and legal labor practices, that is, it speaks to a HUGE flaw in that nation's character.

Coming from a nation that prides itself on being a nation of laws, it sounds hypocritical. When other countries see this nation that prides itself on being a nation of laws, they point it out -- especially when that same nation scolds and berates other countries about THEIR failings regarding laws.

Sounds like a family, playing "gotcha" and "nanner-nanner" back and forth. Too bad it's so much more serious.

OH!!! You were talking about MEXICO!
Them too -- only much worse.

[Moderate right-winger]

the judicial system is flawed...in five years he will be back...why not sentence him to 20? that would reform people like him

[pikachu]

The great news is that RB and Poway are not cheap places to live. What a great country we have were illegal aliens can not only live in one of the most expensives palces in the country but have money left over to buy booze (did you card him to make sure he was over 21??) and get a car to go around kill law abiding citizens. Did he have car insurance, a drivers license for CA (or Mexico)? Oh well, can't ask because somebody might get upset.

[Little Ray]

A "fine young man" doesn't drive drunk or do cocaine, except in the PRK, maybe.

[radar101]

Did he have car insurance, a drivers license for CA (or Mexico)? Oh well, can't ask because somebody might get upset. If he had FAKE immigration docs ( Green Card), he might have a California Driver's License. BUT-as soon as the Insurance Company finds out that it is a fraud, they will not pay. 99% of Insurance policies state that the insurance covers NO event where a non-licensed person is driving.