A driver who struck and killed an Oceanside mother while she was in the midst of a road final summer time was sentenced Wednesday to four years in custody.
Joel Francisco Juan, 33, pleaded guilty last month to vehicular manslaughter while intoxicated. His blood-alcohol content was .19 % on the time of the crash, which is greater than twice the authorized limit of .08 % to drive in California, authorities stated.
The 32-yr-previous sufferer, Esmeralda Eusebio Guerrero, was struck by a 1999 Ford Ranger headed west on East Washington Avenue close to Ash Road in Escondido, authorities stated.
She was in the midst of the street on the time. Based on a probation report, Juan was stunned to seek out her and one other man in the street, and advised authorities he swerved to avoid the person — recognized later as Eusebio’s boyfriend — however could not avoid putting her.
Juan, who was convicted of drunken driving in 2006, stayed at the scene, submitted to subject sobriety checks and was arrested.
Eusebio died at a hospital about 5 hours after she was hit. She had been consuming, and her blood alcohol content material was at .27 %, authorities stated.
The circumstances — the victim was drunk and in the midst of the street — difficult the prosecution’s case, and led to a plea cope with a four-yr jail sentence. Juan will serve his time regionally, in county jail.
Vista Superior Courtroom Decide Daniel Goldstein, who accredited the plea deal, stated the information had put the case “in peril.”
“The defendant might have completed more time, also might have been acquitted,” the decide stated. “This is the fitting consequence.”
The sufferer was a single mother of a 9-yr-previous woman. The child now lives together with her maternal grandparents, both of whom spoke in courtroom Wednesday.
Via a Spanish-language interpreter, Eusebio’s mom spoke of the lack of her only daughter. She and her husband questioned the sentence, but stated they might settle for it.
The driving force is jailed beneath the identify Joel Francisco Juan, which his lawyer stated Wednesday is his shopper’s true identify. Courtroom documents listed his identify as Roceal Juan Francisco.