Marinovich sentenced to 11 years, four months in prison
A 19-year-old Sonora man who killed a 33-yearold mother of five and injured four of her children while driving under the influence during a traffic colli- sion on Phoenix Lake Road in October was sentenced on Monday to 11 years, four months in state prison
Tuolumne County Superior Court Presiding Judge Kevin Seibert lamented the death of victim Melissa Patania and expressed hope for the future of the defendant, Augustus Marinovich,
though he said the punishment still must give justice to the “tremendous pain” inflicted on a broken family.
“Clearly we have to do something to send a message to our community that this simply cannot be tolerated,” he said. “Some things in life can't be given back … In this case, we can't bring Melissa's life back.”
Members of Melissa's family sat in a long row along the back wall of the courtroom during the hearing, with some crying throughout.
“Your selfish act took a single mother from her five children,” said Joseph Patania, Melissa Patania's brother. “Her history is written, and it ends with her being another statistic, a victim of a drunk driver.”
Joseph Patania nudged forward a black box which he said contained an urn with his sister's remains. He turned toward Marinovich, who was seated in the far back corner of the room next to his attorney, Tuolumne County Public Defender Scott Gross, and said, “her spirit is free from the body you broke.”
Marinovich pleaded guilty to gross vehicular manslaughter while intoxicated in the death of Melissa 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. Marinovich faced up to 19 years in state prison. The plea did not set a sentence and was not an agreement between the parties.
“Everyday I dwell on the accident I caused because of my selfish, stupid decision,” Augustus Marinovich said. “Nobody deserved any of this, any of the trauma I caused.”
Matt Marinovich, the defendant's father, referred to his son as “Gus” and said the tragedy of the incident had “torn him apart.” He said he believed his son was not “the sum total of his mistake” and hoped he found redemption through his prison term.
“I hope that he thinks of Melissa and her family every day, but I also hope he has a chance at redemption,” Matt Marinovich said. “He needs to rekindle the definition of his life.”
Melissa Patania's mother, Robin Grove, said the children remained traumatized from the Oct. 26 collision.
“Melissa had a lot to offer the world, and it's all been taken away,” Grove said. “All the kids say they miss their mother, and they did not get to say goodbye.”
Augustus Marinovich was under the influence of alcohol, marijuana and Xanax when he crashed his westbound 2002 Toyota pickup into Melissa Patania's eastbound 1996 Suzuki SUV on Phoenix Lake Road near Bear Cub Drive at a high rate of speed.
Melissa Patania was declared dead at the scene. Four of her children who were passengers in the SUV suffered injuries in the crash and were taken by helicopter to UC Davis Medical Center.
Audrey Slawinsky, 13, suffered bumps and bruises after being hit by the airbag; Nathan Shrader, 10, had to undergo surgery for a broken wrist and femur; Austin Shrader, 7, had seatbelt-related injuries and was stable; and Jordan Shrader, 6, underwent surgery for a life-threatening skull fracture and was in critical condition at UC Davis Medical Center as of less than two weeks ago.
Tuolumne County Deputy District Attorney Cassandra Jenecke said Augustus Marinovich made an “unconscionable decision” to drive at his level of intoxication and asked for an 18-year sentence.
Gross requested a seven-year sentence, noting a probation officer acknowledged that Augustus Marinovich was remorseful, young and pleaded to the crimes early in the proceedings.
Grove and Joseph Patania described Jordan's injuries as permanently debilitating. He had a limp, scars on his face, is blind in one eye and is deaf in one ear, they said.
Joseph Patania also said one of Melissa's family members was in the line of cars following the collision and was fearful she was injured because he could not reach her on the phone. Joseph Patania said his “worst fears” were realized when he saw the totalled vehicle being taken away by a tow truck.
“There was so much unknown. There was so much fear and pain,” Joseph Patania said.
Grove said she could barely identify her daughter after the collision and spent hours clutching her hand despite the visible injuries.
“Unless he can walk on water and give me my daughter back, there will be no forgiveness,” Grove said after showing Seibert a photo of Melissa Patania.
Gross noted into the record during the hearing a CHP finding that the Suzuki had five occupants when it was only designed for four. He said they also determined that two of the children should have been in seats.