Hundreds of people have been beaten and killed on Utah roads since 2011, but less than 10% of cases end up in court.
Drivers who are accused of repeatedly hitting and fatally killing a pedestrian do not see the inside of a jail cell.
2News investigated 12 years of court records and state highway data and found that 99% of those cases end up in a plea deal, leading defendants to lighter sentences or dropping charges. loads.
For the family and friends of the victims, the reduction in the length of the sentence is not appropriate.
Tequila Garcia’s photo sits on Angelia Jones’ mantle with her mother and son as a tribute to those she lost.
“I still keep his memory alive,” Jones said.
She says she and Garcia were best friends from the time they met.
“There’s no way not to love her, she was just a ray of sunshine,” Jones said, “we miss her. We need more people like her in this world.
Jones says that as someone who has always lent a helping hand, she wasn’t surprised when Garcia told her she was taking two people home who needed her help.
Their names were Andres Mendoza and Alejandra Molina.
“They were homeless,” Jones said, “and she wanted to help them because she was helping everyone the best she could.”
Things took a fatal turn in December 2018 when Garcia, Mendoza and Molina had a late night argument. Court documents say a witness found Garcia covered in blood, barely alive in the driveway of her home.
Shortly after, police found Mendoza’s car with evidence of Garcia’s blood, tissue and clothing on it.
An accident technician determined that Mendoza had hit Garcia in reverse, accelerating the gas in order to roll over his body as he fled.
When asked if she thought Mendoza intended to hit Garcia, Jones replied, “Yes.”
Andres Mendoza has been charged with DUI-induced automobile homicide and criminal negligence as well as fleeing the scene of an accident. Utah’s criminal codes suggest a sentence of up to five years in prison for both counts.
However, Mendoza reached a plea deal and was sentenced to one year in prison with 36 months probation. It’s a sentence he has now fully completed.
“He took her from us,” Jones said, “but he can go and be with his family, what kind of consequence is that?”
“This should be treated very similarly to any type of assault or homicide with a dangerous weapon,” state Rep. Ken Ivory said.
Ivory represents Utah’s 39th District and also serves on two transportation committees. He says he has reviewed state laws regarding victim advocacy and sentencing.
“Today our number one job should be to protect the innocent,” Ivory said.
One year in prison and 36 months probation is one of the most common sentences the state offers in exchange for plea deals in Utah traffic death cases.
Another case that received the same sentence involved Aaron Burlison, who punched and killed a toddler in 2015 while high on marijuana in a South Odgen parking lot.
Burlison entered into a plea deal in exchange for the state reducing his manslaughter charges, suspending his prison sentence.
In many cases, the charges dropped are also those with which the defendants have already been charged.
In 2021, Daniel Wilkinson killed a pedestrian in Midvale and was sentenced to a year in prison after agreeing to plead guilty to a hit-and-run.
The state dropped 17 other conduct-related charges against him.
“There are definitely elements there, in my mind, that speak to recklessness,” Ivory said, “taking a life is serious in any circumstance across the spectrum.
Jones says that in Tequila Garcia’s case, the justice system failed to consider the importance of retribution for her friend.
“I think the system has forgotten what compassion is,” Jones said, “I think they’ve forgotten what their real duty is, and that’s to make people pay for the crimes they’ve done. committed.”
Drivers Sentenced to Reduced Sentences Without Jail Time in Pedestrian Death Cases:
- All of the defendants listed have reached guilty plea agreements in exchange for a reduced sentence and charges.
2011
September
Heidi Brinton has been charged with reckless driving after hitting and killing Donald Blood while riding a bike in Layton.
CHARGES: Reckless Driving
SENTENCE: 10 days of confinement at home
December
Alexander Atkin was shot and killed while returning home to Taylorsville by Samuel Garcia Ramos, who fled the scene and turned himself in days later. Ramos had an icy windshield and was driving without a license or insurance.
CHARGES: Leaving the scene of an accident causing death
SENTENCE: 180 days in prison and 36 months probation
2012
April
William Fulmer punched and killed Eugene Nelson at a Salt Lake City crosswalk and fled. A friend reported him after seeing Fulmer drinking vodka at a Utah Jazz game not long before.
FEES: 1. DUI
2. Leaving the scene of a fatal accident
SENTENCE: 120 days in prison and 36 months probation
2013
March
Carla Brennan punched two people in St George while texting on her phone and driving. The crash killed David Henson and injured his wife Leslee.
CHARGES: 1. Negligent homicide
2. Distracted Driving
SENTENCE: 36 months probation
June
Kimberly Munoz, a driver neglecting to wear the required prescription glasses while driving, struck and killed a 2-year-old child in West Valley, injuring her mother and brother. All three were not in a crosswalk. Munoz fled the scene.
CHARGES: Negligent homicide
SENTENCE: 88 days in prison and 36 months probation
2014
July
School bus driver Troy Daniels punched and killed child Seleny Crosby after he failed to use proper stop signals.
SENTENCE: 1. Reckless endangerment
2. Failure to Report
CHARGES: 365 days in jail
October
Gary Fairse punched and killed Steven Canfield in St George before fleeing the scene.
CHARGES: Failure to attend scene of fatal accident
PENALTY: Good
2015
Can
Randahl Hill ran over Bruce Smale in Hurricane, killing Smale after he was on the hood of Hill’s car as Hill tried to do tricks. Hill was drunk and fled the scene.
FEES: 1. DUI
2. Leaving the scene of a fatal accident
PENALTY: 180 days in prison
- Hill has been arrested three times for assault and intoxication since his release.
2016
January
LeRoy Clark punched and killed BaiLee DiBernardo and injured her friend as they stood in a crosswalk on their way to school in Layton.
COSTS: 1. Reckless Driving
2. Failure to yield resulting in death
SENTENCE: 2 days in prison, 58 days house arrest
2017
August
Lutulofi Maama punched and killed Mark Swindle in a South Salt Lake crosswalk while riding a stolen motorcycle. Maama fled the scene and attempted to flee when discovered by police.
CHARGES: 1. To remain at the scene of an accident causing death
2. Not stopping
SENTENCE: 365 days in prison and 36 months probation
* Maama has since been arrested for failing to stop for police in 2020 and 2021, and for driving a stolen vehicle in 2019. In 2016, prior to the incident, he was also arrested for carrying a firearm fire and car ride.
2018
December
Andres Mendoza punched and killed Tequila Garcia in the driveway of his house after Mendoza and his daughter Alejandra Molina had a late night argument with Garcia.
CHARGES: Homicide caused by impaired vehicle and criminal negligence
SENTENCE: 365 days in prison and 36 months probation
2019
April
Tyler Murdock punched and killed David Begay in Salt Lake City while crossing the street.
CHARGES: 1. Negligent homicide, reduced to possession
PENALTY: Probation
* Murdock had 7 prior traffic charges dating back to 2008.
November
Darrell Day struck and killed Scott Sleator in western Jordan.
CHARGES: Failure to attend scene of fatal accident
SENTENCE: 180 days in prison and 36 months probation
2020
FEBRUARY
Nicholas Westland punched and killed Thomas Chauvel as he crossed the street in Park City and fled.
CHARGES: Failure to attend scene of accident causing death
SENTENCE: 120 days in prison and probation
2021
January
Edward Fenstermaker punched and killed an unnamed woman crossing the street in Salt Lake City while intoxicated.
CHARGES: DUI
PENALTY: Probation
April
Daniel Wilkinson punched and killed Craig Wagoner in Midvale. Wilkinson checked to see if Wagoner was still alive, then fled. Wilkinson was later caught by police attempting to destroy evidence.
CHARGES: 1. Failure to remain at the scene of an accident causing death
2. Failure to Assign
3. Obstruction of Justice
SENTENCE: 1 year in prison and 36 months probation
- Wilkinson had 17 previous charges related to traffic violations
June
Jesus Hernandez punched and killed an unnamed man in Ogden before fleeing.
CHARGES: Failure to attend scene of accident causing death
PENALTY: 24 months probation
2022
FEBRUARY
Melvin Gomez-Garcia punched and killed an unnamed man in St George as he crossed the street.
CHARGES: 1. Negligent homicide
2. Ownership
SENTENCE: 178 days in prison and probation
Can
Brock Braxton Lee Allred punched and killed Carma Iturrio in St George before fleeing the scene.
CHARGES: 1. Careless operation of a vehicle causing death
2. Obstruction of Justice
SENTENCE: 1 year in prison and 60 months probation
