Sonora man pleads guilty in fatal DUI crash

A 19-year-old Sonora man pleaded guilty Friday morning in Tuolumne County Superior Court to causing the death of a 33-year-old mother of five and injuring four of her children while driving under the influence during a traffic collision on Phoenix Lake Road in October.

Tuolumne County Public Defender Scott Gross, the attorney for the defendant Augustus Marinovich, described the plea as a “tactical decision.” He said they decided to “plea early” because they did not want to put the families through a prolonged court process.

“When you enter a plea like this, you can get anything from the minimum to the maximum,” said Tuolumne County Superior Court Judge Kevin Seibert.

Gross said Marinovich faces up to 19 years in state prison.

In the court Friday morning were Marinovich’s father and a group of five people identified as family of the victim, Melissa Patania.

“It hurt. I don’t feel there should be any leniency, but I feel for his family, too, because he’s destroyed two families,” said Robin Grove, of Cold Springs, who is Patania’s

mother and grandmother to the injured children. “I ask everyday, why is my daughter gone and why is he still breathing?”

Marinovich was charged with gross vehicular manslaughter while intoxicated in the death of Patania. He was additionally charged with felony driving under the influence causing injury, driving under the influence with a blood alcohol content of 0.14 to 0.15, and driving under the influence of alcohol and the drugs marijuana and Xanax.

There are four enhancements attached to the DUI charges for personally inflicting great bodily injury on each of the four injured children.

According to the charging documents, Marinovich was under the influence of Xanax (the prescriptive name for a benzodiazepine) when he crashed his westbound 2002 Toyota pickup into Patania’s eastbound 1996 Suzuki SUV on Phoenix Lake Road near Bear Cub Drive at a high rate of speed on Oct. 26.

Tuolumne County Deputy District Attorney Cassandra Jenecke gave a brief description of the details of the collision, noting Marinovich was under the influence of marijuana and benzodiazepine, and had a 0.14 to 0.15 blood alcohol content at the time of the collision.

Marniovich crossed over the double-yellow lines and crashed head-on with the vehicle driven by Patania, killing her.

She followed by noting a detailed list of injuries to each of the children, including concussions, lacerations, fractures and broken bones. The four children were taken by helicopter to UC Davis Medical Center following the collision.

Jenecke noted that each of the guilty pleas were considered “strikes,” a term for serious or violent felonies which may affect the severity of the sentence.

Gross also noted there were DMV consequences which Marinovich was briefed on.

Grove said most of her grandchildren were “quiet” and recovering from the injuries.

The children were previously identified as Audrey Slawinsky, Nathan Shrader, Austin Shrader and Jordan Shrader, 6, who underwent surgery for a lifethreatening skull fracture following the collision.

Jordan Shrader, who was 6 at the time of the collision, was originally not expected to live due to his injuries and brain trauma, but would survive, Grove said.

Jordan Shrader will likely have permanent blindness in his right eye and be deaf in his right ear. He likely will have to learn to walk again.

Grove said he was the most vocal about his mother’s passing among the children and thanked her when he saw the urn holding his mother’s remains.

“It’s hard, because he says he didn’t get a chance to say goodbye. He misses her very much,” Grove said.

Seibert confirmed with Marinovich that no promises were made to him as a result of the plea. He said a probation report would follow the plea and at the sentencing hearing both attorneys would be able to make their respective arguments related to the severity of the punishment.

Seibert said once the plea is entered, it can only be withdrawn with “good cause.” It cannot be withdrawn, he noted, if Marinovich opposes the severity of the sentencing.

Seibert described the term “plead open” as pleading guilty to every count and acknowledging responsibility for all the subsequent enhancements.

Seibert at times referred to only three enhancements, but later noted a fourth with a slightly different underpinning legal code.

During the duration of the hearing, Gross was seated next to Marinovich in the jury box of Department 2, the downstairs courtroom in the Historic Tuolumne County Superior Courthouse. Both wore masks.

Marinovich wore a blue surgical mask and a black-and-white striped Tuolumne County Jail uniform.

Prior to the hearing, Gross acknowledged there were “a lot of people” outside the courtroom who wished to observe the proceedings.

“His dad is here,” Gross said. Marinovich did not have many court appearances before his plea. He pleaded not guilty in November and had another procedural hearing in December.

At the previous hearing, the attorneys discussed the release of the vehicles to the families and subpoenas for evidence.

Following the hearing Friday morning, Jenecke left with the victim’s family and spoke to them in the hallway.

Seibert set the sentencing for Feb. 16 at 1:30 p.m. in Department 2.

Marinovich has been in the custody of the county jail since being released from Memorial Medical Center in Modesto, where he was treated for injuries following the collision.

His bail was set at $335,000 at the time of his arrest.