A Hollister woman convicted of felony vehicular manslaughter for
killing a motorcyclist while driving drunk last Fourth of July was
sentenced to eight months in jail Wednesday, a sentence that makes
her eligible for house arrest after 30 days and outraged the
victim’s family.
Hollister – A Hollister woman convicted of felony vehicular manslaughter for killing a motorcyclist while driving drunk last Fourth of July was sentenced to eight months in jail Wednesday, a sentence that makes her eligible for house arrest after 30 days and outraged the victim’s family.
“It’s completely wrong,” said Char Hilton, whose brother, Richard Flores, was killed. “It says that it’s OK to drink and drive – I feel sorry for the next person she kills because it will happen again.”
Hollister resident Dolores Ortiz Garcia, 38, whose blood alcohol level was more than twice the legal limit, killed 53-year-old Lompoc resident Flores during a head-on collision last July – the night before the start of the Hollister Independence Rally. The collision ejected Flores from his motorcycle, severing a leg. He was pronounced dead at the scene, according to police.
His widow, Sheree Flores, urged San Benito County Superior Court Judge Steven Sanders to impose a harsh sentence. Garcia faced a maximum of 10 years in prison on the manslaughter charge.
“I have forgiven (Garcia) as a person,” Flores said. “But I don’t forgive her crime, she will have to live with this. We reap what we sow.”
Flores said her husband was a decorated Vietnam veteran and bible teacher who “loved everybody.”
“It was a great loss, but he is in heaven,” she said. “If he was here today he would say (Garcia) needs to find Jesus.”
Garcia, who appeared somber and kept her eyes on the floor during the brief sentencing hearing, had no visible reaction to the sentence. Her attorney, Greg LaForge, read a statement she had written, addressed to Flores’ family.
“I know I must pay for making the worst choice of my life – getting behind the wheel when I know now that I never should have,” Garcia wrote. “I don’t know what punishment is appropriate. What I am certain of is that I will continue to be punished by this tragic accident the rest of my life. It was never my intention to hurt anybody. I only wish that it had been me, not Mr. Flores.”
Garcia will be eligible for work release or house arrest after completing the first 30 days of her 240-day jail sentence, and will be on probation for five years, LaForge said. Her drivers license was revoked for three years and she was fined $2,100. A misdemeanor driving under the influence charge usually carries up to three years of probation, five days in county jail and a $1,750 fine, according to the California Penal Code.
Deputy District Attorney Candice Hooper, who prosecuted Garcia, did not object to the sentence, but asked Sanders that it not be referred to as an “accident.” After the hearing, Flores’ family members questioned Hooper and criticized her for not demanding a stiffer sentence.
District Attorney John Sarsfield called the incident a “tragedy” and said sentencing was out of his hands.
“We prosecuted her for a charge that we thought was fair,” he said. “But sentencing is up to the court.”
Sanders’ sentence came in large part from a recommendation by Chief Probation Officer Deborah Botts, who said she evaluated many factors before deciding to recommend probation.
“It was based on the fact that she had no previous record and the remorse that she showed,” Botts said. “This is one of those tragic events that no matter what happens to (Garcia) nothing will change. Prison is usually reserved for those who pose a risk to the community. She is not likely to re-offend.”
LaForge said in an interview after the hearing that the sentence was fair.
“The sentence was clearly consistent with other manslaughter cases in this county – all you can ask for is that justice be consistent,” he said. “As a former prosecutor I’ve sat on both sides – no one is a winner in these cases and nothing that happened today could have brought back Mr. Flores.”
Garcia, who has been attending Alcoholics Anonymous meetings since being arrested last July, has never been arrested before, LaForge said.
“This was just a tragic accident,” he said. “Prison is not the answer for Dolores. She is a model citizen and showed extreme remorse for her actions.”
Richard Flores would have celebrated his 54th birthday tomorrow.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
