After meeting with their attorneys for half an hour, defendants Claudia
Cabrera and Josue Luna entered pleas of "no contest" to the charges
stemming from the March 29, 2009 hit-and-run that left Adrianna Bachan
dead and Marcus Garfinkle seriously injured.
This precludes the
need for a trial and moves the case directly to the sentencing phase.
Sentencing was scheduled for May 24 at 8:30 a.m. in Department 104,
Judge Robert Perry's courtroom.
Cabrera admitted to
misdemeanor charges of leaving the scene of accident and inflicting
great bodily injury on Garfinkle, as well as the more serious charge of
vehicular manslaughter. Luna admitted guilt to the lesser charges.
Perry explained that the court had made no promises as to sentencing as it accepted Cabrera and Luna's pleas.
Cabrera
faces a maximum of eight years in state prison, while Luna, who was not
charged with vehicular manslaughter, faces seven years. The two may
also be required to pay financial restitution to the victims' families.
Cabrera's
attorney Arash Hashemi said the no contests, which act as guilty pleas
for sentencing purposes, confirmed his contention that the hit-and-run
was an accident.
"There's no point in going through a trial," he said. "Everybody knows it was an accident."
Hashemi will seek a two-year sentence for Cabrera.
Mother
Carmen Bachan, who wept softly during the hearing, said she was
relieved to avoid the pain of a trial. However, she will not be
content unless Cabrera and Luna get considerable sentences for their
part in the death of her daughter Adrianna.
"The sentencing has to be good," Bachan said. "It can't just be a [slaps wrist]. It has to be good."
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