Man Gets Probation For DUI Crash That Cost Teen Her Leg
INDIO (CBS) — A Cathedral City man who was under the influence of drugs when he caused a crash that left a teen without a leg avoided prison time Monday, despite pleas from the victims and a bid by the prosecution to put him behind bars.
Following an emotional sentencing hearing in which the injured teen and nearly a half-dozen of her family members spoke and Cesar Adrian Munoz expressed remorse, the 24-year-old defendant was sentenced to five years probation by Superior Court Judge William S. Lebov.
Before Lebov handed down the sentence, he heard from 18-year-old Silvia Denise Diaz, who lost her right leg in the April 11, 2010, crash. The crash also injured her cousin, a toddler.
Sitting in a wheelchair, Diaz expressed her frustration and outrage at the accident that changed her life, asking Lebov to send Munoz to prison.
"He will be able to continue his life normally and I never will," she said.
Munoz pleaded guilty to four counts Thursday, including felony DUI causing injury and two counts of reckless driving causing injury. Police believe that Munoz was under the influence of marijuana and other drugs at the time of the crash.
Diaz and her then-2-year-old cousin Jessica were playing together outside a relative's home in the 69400 block of El Canto Road during a quinceanera celebration when they were struck by Munoz's car.
According to Cathedral City police, the defendant, who lived nearby, was driving in reverse at a high rate of speed when his car hit the girls, according to Cathedral City police.
Jessica, now 3, suffered two broken legs and a gash along her forehead that has yet to fully heal, according to her father, Eduardo Garcia.
Diaz, who has undergone several surgeries and been fitted with a prosthetic leg, said she was accepted to Cal State San Bernardino to pursue a degree in fashion design, but has been unable to enroll because she has had to remain home for additional surgeries and therapy.
"I shouldn't be paying for this and neither should my cousin Jessica," she said. "He pretty much ruined my life. Every time I see someone run or dance, it hurts me inside because I cannot do any of those things."
A senior at the time of the crash, she was able to complete her education at Cathedral City High School last year, but "graduated high school in the hospital."
Her mother, also named Silvia, told the judge, "For my daughter, her dreams are gone."
Jessica is doing better, but still shows scars from the accident and requires continual trips to Loma Linda Medical Center for treatment, her family said. Her father said doctors don't yet know whether she will have any permanent disabilities resulting from the crash.
"My girl is still affected by this," he said. "They were just playing outside and (Munoz) was wrong."
Munoz's plea was not part of an agreement with prosecutors, who sought prison time. Deputy District Attorney Michael Tripp asked Lebov to reconsider his decision after members of the family spoke.
Munoz, handcuffed and wearing a jail-issued jumpsuit, addressed the judge in a subdued voice, expressing his regret.
"I'm sorry for the trouble I caused them," he said. "I'm very sorry for what I have done."
His expression of remorse was one of the reasons Lebov granted probation, according to court records, along with his lack of a criminal history and his willingness to address his drug issues.
Munoz had been in custody since the April crash and was given credit for 342 days of time served, which also factored into the decision to grant probation.
Munoz is required to attend Narcotics Anonymous meetings and be supervised by a probation officer.
Should Munoz violate any aspect of his probation, he could face up to nine years in prison, said John Hall of the District Attorney's Office.
"That will be hanging over his head," Hall said.
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