Daily Camera (Boulder)

Driver sentenced to nine months work release

- By Mitchell Byars mbyars@prairiemou­ntainmedia.com

The driver who killed two people and injured a third while driving drunk the wrong way down Foothills Parkway in April was sentenced to nine months of work release.

The driver, who is now 18 but was 17 years old at the time of the crash and was charged as a juvenile, pleaded guilty to all of the charges against her, including two counts of vehicular homicide and vehicular assault.

The Daily Camera is not naming the driver because she was charged as a juvenile.

The crash on April 9 killed Ori Tsioni, 33, and Gregoria “Gloria” Morales Ramirez, 49, and seriously injured Diana Spencer.

The plea agreement included a stipulatio­n that the driver would serve at least six months of jail or work release and two years of probation.

The charges in the case would have typically carried a maximum of 90 days of straight jail or 180 days of work release, but because the driver pleaded guilty to one count of DUI filed in county court, Boulder Chief Judge Ingrid Bakke had more flexibilit­y in sentencing than she would have had if the driver had simply been found guilty after trial.

Bakke ultimately opted not to sentence the driver to straight jail time, opting instead for work release, because of the driver’s acceptance of responsibi­lity.

“I’ve never seen a juvenile so remorseful,” Bakke said. “I hope that you trust that I’m making the right decision that putting this kid in jail straight time for six months is not where she needs to be. And I don’t mean her needs, I don’t think that will get us where we need to be in this case.”

Bakke said she felt attorneys did a good job in reaching a resolution, given all of the facts of the case.

“I find that it was very appropriat­e,” Bakke said. “I know that this DA would not have done this if they were not absolutely convinced that this particular juvenile deserved this particular deal in this case… Everything pushed me in the direction that this is where we need to be today.”

Bakke also sentenced the driver to three years of probation, and conditions will include 200 hours of community service, monitored sobriety, an interlock device on any vehicle she drives, and participat­ion in several anti-drinking and driving programs.

Prosecutor­s had asked for six months of straight jail time.

“(The driver) drove under the influence and killed two people and injured a third, and the

people believe basic notions of justice require she complete jail,” Boulder County Deputy District Attorney Brad Turner said.

But Boulder County District Attorney Michael Dougherty said after the hearing he knows Bakke had a tough decision to make and a lot of informatio­n and opinions to consider.

“I appreciate all the thought that the judge put into the proceeding today,” Dougherty said. “It is a horrific and tragic case, and there is not sentence that can repair the incredible damage and loss that this juvenile caused.”

The hearing lasted almost five hours, including emotional testimony from family members of both the victim and the driver.

It ended with the driver herself speaking to the court.

“I just want to start by saying I’m so sorry to everyone in this courtroom,” she said.

“I want to first say that I’m sorry to Mr. Ori and Ms. Gloria for taking their lives that night and for hurting their families… I think of them every day, I pray for them every day and I will for the rest of my life.

“I’m so sorry to the whole community for putting you at risk that night. I know it could have been anyone that got hurt that night and I’m so sorry. I want to promise that it will never happen again.”

The driver and her attorneys did not ask that she wait out of custody for a work release bed, and she was taken into the custody of the Boulder County Jail Friday to begin her sentence. Bakke estimated that will likely include several weeks of straight jail time before a work release slot opens up.

“It’s my fault that these two people who are loved by so many people are gone,” the driver said. “I’m ready to serve whatever sentence is given to me, and I am ready to go today.”

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