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Boulder teen to serve 9 months of work release after deadly DUI crash

Victim's family doesn't agree with teen's sentence after driving drunk, killing loved one
Victim's family doesn't agree with teen's sentence after driving drunk, killing loved one 02:35

A Boulder teen will serve 9 months of work release for a drunk driving crash that killed two people and injured another last April.

On Friday, the 18-year-old was taken into custody after hours of victim impact statements, along with statements from the teen's parents and a gut-wrenching apology from the teen herself. Because she was charged as a juvenile her name is being withheld.

The work release was in lieu of straight jail time, which means she will be allowed to leave the jail during the day for work, classes and treatment.

While families of the victims believe the teen is remorseful for her actions, they also expressed anger, saying its not nearly harsh enough for taking two lives.

The April 9 crash killed Ori Tsioni, 33, a rideshare driver, and his passenger Gregoria "Gloria" Morales Ramirez, 49. It also critically injured Diana Spencer. Spencer was driving just behind Tsioni and collided with Tsioni's Subaru.

"I know that the victim families are disappointed I am sure they are in the sentence since they wanted jail time and they obviously heard us pushing hard and arguing for jail time, but I also recognize that Judge Bakke has to consider all of those factors, particularly in juvenile cases, and making what she believes is the right decision," said Michael Dougherty, the Boulder County District Attorney.

State law currently doesn't require a mandatory jail sentence for vehicular homicide for adults or juveniles, but Friday, prosecutors weren't the only ones pushing for straight jail time, the teen told the judge she was ready to serve a straight sentence with no work release.

In the end, the judge told the court she was concerned that the teen would sit with people who would likely be a bad influence and worried it would cause her more harm in her rehabilitation.

This did not sit well with the victim's families.

"My mom was always good, and she worked she worked hard she stayed out of trouble, and I felt like she wasn't heard today," said Luis Gerardo Sevilla Morales, the son of Gloria Morales.

Morales told CBS News Colorado he felt that the teen was more victimized than the families she hurt.

"I think because she was American… if it would've been Hispanic, it probably would've been more time," he said.

Mothers Against Drunk Driving representatives were also present at the hearing Friday, advocating for jail time on behalf of the families. Fran Lanzer, Executive Director for MADD Colorado said he respects the judge's ruling but was disappointed.

"Their loved ones are gone, and they have to live a life sentence with that and their loved ones died violent deaths, and it's absolutely heartbreaking," said Lanzer. "We have to wake up. Last year, Ori, Gloria [were among] 276 other people who were killed on our roads, and that needs to stop."

The Tsioni family issued a statement following the sentence Friday. In their statement, they name the defendant, but because she was a juvenile at the time of the crash, CBS News Colorado has changed her name to "NH."

The Boulder District Attorney's Office and NH, the person that tragically and senselessly chose to drink and drive taking the life of our son and another, came to an agreement to end the criminal proceedings without a trial. Today, the judge took that agreement and entered a sentence. However, just because the criminal proceedings are over and there has been a sentence rendered does not mean that full justice has been served or accomplished.

We are not happy with the sentencing. First, we disagree with sentencing NH as a juvenile. When she committed this crime, she was just a few months shy of her 18th birthday. She had prior drinking offenses. She purchased alcohol with a fake ID to drink during her Prom evening. She made adult decisions of drinking adult beverages and then driving. She should have been tried as an adult and faced adult consequences. Second, the sentencing that was entered today was not nearly long enough or severe enough for such a crime. Colorado's sentencing guidelines and laws are too short and soft when it comes to drinking and driving, particularly when it results in death.

We are hopeful that NH now understands and carries the magnitude of what she has done every day. We wish this case would have gone to trial so that all of the facts, not just stories, surrounding that horrible night could have come to light and NH would have to hear all of the facts and be confronted with the consequences of her actions.

With this tragedy, comes the opportunity for change. The Boulder community, including its schools, students, and parents, should be that force for change, raising awareness, and having more education. The culture of providing alcohol to minors, allowing minors to drink alcohol without safeguards, or disregarding underage drinking needs to stop, and accountability needs to be at the forefront. With positive action, it is our goal and hope that no other family or person has to experience this senseless and preventable tragedy and does not have to feel the loss that we feel every day.

The Boulder District Attorney's Office says it's now focused on the nine Indictments served in the case which aims to hold adults responsible for their roles in the April 9 crash.

In September, a grand jury indicted five parents, two fake ID companies, a Boulder liquor store and a limousine bus driver.

"It was terrible," Dougherty told media on Friday, "The fact that community members refused to cooperate and locked down on us? That's why we pushed the case to the grand jury."

In addition to the teen's nine months of work release, she has been ordered to complete 200 hours of community service and serve three years of probation.

According to the DA's office, the terms and conditions of probation will be determined by the court but will likely include no alcohol or non-prescribed drugs, substance abuse monitoring, substance abuse evaluation and treatment, completion of a MADD impact panel and no driving without an alcohol interlock device. 

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