For hit-and-run drivers who kill people, jail time is rarely a consequence.
The 29-year-old Brooklyn man was driving a 2010 Honda Accord in December 2016 when he struck and killed Jean Paul Guerrero, who is known as DJ Jinx Paul for the Spanish-language radio station La Mega 97.9.
Between 2006 and 2017, the national number for annual fatal hit-and-runs has ranged between 1,220 and 2,089, according to American Automobile Association's 2018and the National Highway Traffic Safety Administration . But, sources in government and the legal community told ABC News that people charged with fatal traffic offenses are regularly offered plea deals that allow them to avoid significant jail time.
"I'm sorry. I can’t disclose how I feel at this moment,” said Ozoria, who is expected to be sentenced on May 1. "You have to speak to my lawyer."told the New York Daily News after Ozoria accepted the plea deal in March that they were "saddened by the outcome" of the case., State Senator Patrick M. Gallivan is trying to close the loophole that allows for these seemingly soft sentences.
"Many of the courts have huge caseloads, which [lead] to plea bargains,” he said. “Sometimes prosecutors may offer pleas because they cannot prove the case beyond a reasonable doubt.Joanne Thomka, director of the National Traffic Law Center of the National District Attorneys Association, said there is no “universal answer as to why cases are negotiated."
"We look at every case separately. The where, when, how, the victim, weather conditions, lighting conditions, we would get very detailed whether [it’s a] hit and run fatality. We also look at defendant's criminal history if there's any, traffic history, and history with the victim or the victim's family," said Thomka. "It's a difficult balance to find what is the right level or punishment.
But the client pleaded guilty and was entered into a court-ordered treatment program. He will serve probation and get no jail time, Brown said.
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