75 months for Burnside hit-and-run drunk driver
Her cohorts in the coverup got days in jail and a bunch of community service. Whatever it is, it's too good for them.
Her cohorts in the coverup got days in jail and a bunch of community service. Whatever it is, it's too good for them.
Comments (13)
75 months and the permanent loss of driving privileges. (Does anybody know if that goes across states, or would she just need to move to Vancouver to get a DL?)
Posted by Michael | November 5, 2012 3:28 PM
That's a tough place to grow up. Namaste, Ms Chavez. I hope you come out of there better than you went in.
Posted by Bean | November 5, 2012 3:45 PM
Anyone know what the penalty would be if she would have stayed at the scene and performed her duties? It seems like being high, and drunk, and then killing someone with your car should result in six years even if you do not run and cover-up.
Posted by will | November 5, 2012 4:00 PM
Will - That's a damn good question...The article doesn't say what exact crimes they are convicted of. One would need to know that, at least, to see how much more time the fleeing portion added on.
Procedurally the DA is going to be a lot more aggressive in cases like this, and also the judge is much less likely to be lenient. So the question is not so cut and dry, there is a bit of a sliding scale.
Also the circumstances of the crime will come up at the parole hearing. So in 3 or 4 years when the parole board looks at her case, sees that she ran, perhaps they don't let her out.
My bet is she sees more of those 6 years than would otherwise be the case.
Posted by Jo | November 5, 2012 4:12 PM
From MADD:
0 to 20 years:
* First Degree Manslaughter: 10 years.
* Second Degree Manslaughter: 75 months.
* Criminally Negligent Homicide: Class B felony, Not more than 10 years and/or not more than $250,000.
* Aggravated Vehicular Homicide: subsequent offense is a Class A felony, Not more than 20 years and/or not more than $375,000.
http://www.madd.org/laws/law-overview/Vehicular_Homicide_Overview.pdf
So obviously she plead guilty to "Second Degree Manslaughter" and got the maximum.
6.25 years is a long time, assuming she serves the entire sentence, but I'm not sure it is long enough. Hit-and-Run should carry a sentencing enhancement.
Posted by Michael | November 5, 2012 4:15 PM
Michael - It applies to all 50 states. The DMV shares information and other states honor suspensions and revocations of the others. [So says the Nevada DMV]
http://www.dmvnv.com/dlsuspension.htm
Bean - It is HIGHLY unlikely to come out of prison a better person than you went in. The horror of having killed someone though, you'd think that would change you.
Posted by Jo | November 5, 2012 4:17 PM
Michael - There are some other wrinkles in Oregon law.
ORS 163.147 gives alternate sentencing directives if you kill someone with your car while drunk.
Basically 2nd Degree Manslaughter and Criminally Negligent Homicide get sentenced the same when booze and cars are involved.
http://www.leg.state.or.us/ors/163.html
I wonder what the charge was for fleeing? Just hit and run? Or did they ditch that charge as long as she pleads and takes the maximum? That's probably what happened.
Posted by Jo | November 5, 2012 4:29 PM
I would be very interested to compare this sentence to that of Edy Porfirio Reynoso-Ramirez that had a previous record prior to his most recent incident.
You all DO remember Edy Porfirio Reynoso-Ramirez don't you?
Google is your friend.
Posted by ltjd | November 5, 2012 5:48 PM
A prosecutor always has to prove the basic elements of his/her case. In this instance the cover-up and the flight was very compelling evidence of the guilt. There was no direct evidence (i.e. an eye witness/video footage who saw/depicted A.C. mowing this poor lady down with her car), but there was lots and lots of circumstantial evidence (witnesses who saw them slamming down alcohol and smoking weed just prior to the incident, etc.). In the end it's a huge balancing act for the prosecution, and they have to say 6+ years in prison is pretty close to the max for second degree manslaughter. She didn't get in her car that evening and say "hey, let's kill someone with my car tonight." You never know what a jury will do, especially with an attractive young woman who had zero on her record before this. (Ex. A - Casey Anthony). Criminal sentencing is a tough one, and although more of message could/should have been sent out about her accomplices in the cover-up, I think they got this one right for the most part. On an emotional level, 20 years in the slammer wouldn't have disappointed me in the slightest.
Posted by Usual Kevin | November 5, 2012 5:53 PM
A conspiracy to help someone get away with homicide, oops, I mean manslaughter, and you only have to serve a few weeks in jail? Ashley’s “friends’ got away with murder!
Posted by Bad Brad | November 5, 2012 6:32 PM
It's comforting to see the justice system do a decent job here. Everyone knows who her friends are and they will be reminded enough of their shameful collusion.
Posted by Gaye Harris | November 5, 2012 8:30 PM
Narcissists, and always without empathy, never feel guilt, only whine "poor me" forever!
Posted by From Where I Sit | November 5, 2012 11:53 PM
Manslaughter is a Measure 11 crime so I believe she will serve every day of her sentence.
No parole, no early release.
Posted by Sly | November 6, 2012 8:51 AM