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Fatal crash leads to DUI arrest

By ERIC LINDBERG — March 9, 2009

A 41-year-old local woman died and two others suffered minor to moderate injuries in a crash on Highway 101 triggered by a suspected drunk driver, authorities said.

Rosario Silvestre, a Goleta resident, died after being ejected from the backseat of a Volkswagen Jetta that flipped multiple times, according to a California Highway Patrol incident report.

Authorities arrested the driver of the other vehicle involved, 21-year-old Fabian Maduena, of Hollister, Calif., for allegedly driving under the influence and fleeing the scene of the crash, among other violations.

Emergency crews received reports of a traffic collision south of Fairview Avenue at approximately 9:30 p.m. on Saturday, CHP officials said, shortly after receiving calls about a white Mercedes driving erratically at a high rate of speed.

As the Mercedes, driven by Maduena, approached the Fairview Avenue undercrossing heading southbound, authorities said it neared the Volkswagen, which was traveling in the center lane at approximately 65 miles per hour.

“The white Mercedes approached the Volkswagen from behind at a high rate of speed, and it was reported to be unable to maintain its designated traffic lane,” according to the incident report. “The right front corner of the Mercedes struck the left rear corner of the Volkswagen, causing the driver of the Volkswagen to lose control.”

The Volkswagen, driven by 27-year-old Macario Martinez, of Goleta, left the roadway and hit an asphalt berm, causing the vehicle to flip an undetermined number of times before coming to a rest on its wheels in the brush along the roadway, authorities said.

Silvestre did not have a seatbelt on and was ejected from the vehicle, sustaining severe injuries. Medics took her to Santa Barbara Cottage Hospital, where she died due to blunt force trauma, according to the incident report.

Martinez suffered moderate injuries and received treatment at Goleta Valley Cottage Hospital, as did a 17-year-old Goleta man who was seated in the front passenger seat and sustained only minor injuries. Both Martinez and the minor had their seatbelts fastened, authorities said.

Meanwhile, Maduena allegedly fled the scene of the collision and CHP officers began searching for his vehicle. They found the Mercedes pulled off on the right shoulder of the highway several miles from the scene.

“Officers detected a strong odor of an alcoholic beverage emitting from the driver’s breath, and there was an open container of hard alcohol visible,” according to the incident report. “Mr. Maduena was unable to perform all the field sobriety tests as explained and demonstrated.”

Authorities arrested the 21-year-old for felony DUI, felony hit-and-run, and felony vehicular manslaughter. Maduena was also driving without a license or insurance.

Authorities said the incident remains under investigation and additional charges may be filed. Investigators closed two lanes of the highway as well as the southbound onramp at Fairview Avenue for approximately two and a half hours to collect evidence.

Comment on this article

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crime : 3/9/2009

No license or insurance, any word on if he is an illegal alien? If so we may see some protest marches from casa de la raza and the chicano activist group at UCSB demanding he be given freedom

anon


Headline : 3/9/2009

Please change the healine to read, "Not wearing a seatbelt led to fatality" This message would be a stronger message on prevention, than the unavoidable drunk knucklehead which we can not help.

Bill


Headline pt 2 : 3/9/2009

please change the headline to: another illegal alien kills an american citizen. when is america going to wake up to this? more americans are killed every year at the hands of illegals, than our total loss of american soldiers in Iraq/Afghanistan. Jason Marquez

KJEEsucks


Response to crime & headline : 3/9/2009

You are both a couple of bigot racists. Just because this is a drunk driving without license and insurance makes you think he is an illegal alien? He was driving a mercedes and his last name may not even be hispanic. This town SB is becoming a nightmare as far as racism is concerned. Even the authorities treat everyone differently. Remember the Zaca and the tea fires? Please Daily Sound do not allow this hate to spread on your site.

Kevin


response to response : 3/9/2009

check with law enforcement on the stats Kevin. Unlicensed, Uninsured, drunk and hit and run. 7 times out of 10, that equates to illegal alien. this is not bigotry, this is fact. the stats are out there, you just need to research them. the media is too PC today to mention it. Jason Marquez

KJEEsucks


Previous offense : 3/9/2009

A simple search on his name reveals that Mr. Maduena has been in trouble before: Maduena, 19, of Santa Nella, Calif., was arrested by deputies on suspicion of marijuana possession with intent to sell, a felony, and committing a felony while on bail or recognizance, a felony, after deputies stopped him for running a stop sign in the 400 block of Second Street in Hollister at 3:45pm Wednesday, deputies said. Maduena was unlicensed, and upon searching his vehicle deputies found 28.69 grams of marijuana in Fruit by the Foot bags, deputies said. http://www.freelancenews.com/printer/article.asp?c=206614 As to the previous comments by others regarding whether or not he is an illegal alien: the woman is just as dead in either case, so I'm not sure what that has to do with this issue. Yes, there are illegal aliens, yes, this is a problem, but not all Hispanic people are illegal aliens.

Michelle


Fabian Maduena : 3/9/2009

Fabian Maduena is neither an illegal alien nor imagrant, You can shove your protest where the sun dont shine. Ya he should't have been drinking and driving but any person that is 41 years old should have the common sense to put your seatbelt on when you get in any moving vehicle especially on the highway. And especially AT NIGHT!!!!


Fabian maduena : 3/9/2009

the man who was driving the other vehicle should be charge for having that female in his backseat with no seatbelt!


DRUNK DRIVER---comments : 3/9/2009

Why is that some folks need to blame the victim---rather that the perp

anon


Rosario : 3/9/2009

Rosario Silvestre was the cleaning lady at our office. We are all shocked and saddened that the friendly and hard-working woman who cleaned our offices every day is now dead, another senseless victim of a drunk driver. I'm told Rosario leaves behind five young children and her family is struggling to pay for the funeral. So very sad. To Bill and the coward that posted under the cover of "Fabian Maduena", why don't you heartless idiots come out to the funeral and say what you typed to the family in person? Did it even occur to you that someone from their grieving family might read your disgusting public posts?!

Lance


really? : 3/10/2009

"her carelessness resulted in her death." no, actually that is not what caused her death. A criminal with no regard to the safety of others is what caused her death. if this loser was behind bars like he should have been, she would still be alive. yes, she should have been wearing her seat belt, but to say she is dead because she did not, is a pathetic attempt to take the heat off of this loser criminal. I hope he rots in hell. Jason Marquez

KJEEsucks


Tragedy : 3/10/2009

Instead of blaming the poor victim in this tragedy, how about going back to the Hollister Police, who stopped the driver for running a stop sign and arrested him for a felony, but failed to keep him in jail. If he had not been released, this poor woman would not have died. As to her not being seatbelted, yes, that may have been an oversight on her part, and the driver's for not reminding her: but - if not for the fact that this allegedly drunken felon had clipped the back of the car causing the driver to lose control, she would still be alive.

Little Irish


Drunk driver caused this death : 3/10/2009

The ONLY thing that caused her death was a DRUNK DRIVER. That's it. Is it useful to point out ot people the difference between wearing a seat belt and not in order to get people to buckle up? Yes, it is. But the DRUNK DRIVER caused her death. I am really sick of our lax laws on drunk driving. It is literally a license to kill. This killer will probably spend no more than a few years, if that, for killing another person simply because he was drunk at the time. It is long since time that we change our laws to reflect reality. Causing a death while drunk should be charged as intentional murder, 20 to life, not a slap on the wrist few years and out early for parol. And to the racists who falsely claimed "illegal alien", are you now going to be pissed at "US citizens" who are causing these deaths while drunk? You were clearly trying to change the blame from DRUNK DRIVING to something else. Is it because you are a drunk driver? Trying to deny any responsibility for your own actions that endanger the lives of everyone around you? Maybe you think that you "know" you can handle driving after drinking, and are trying to divert people from the obvious conclusion that driving after drinking is a real dnager to everyone.

anon


: 3/10/2009

I haven't posted on this article before, but yes, the statistics on crime do show that illegal immigrants are involved in a disproportionately high number of crimes, including drunk driving, as compared to the rest of the nation. Just keep abreast of the news. Read the articles. It's all there, in print. Facts are facts, not diversionary tactics. I don't know what the ethnicity is of this particular drunk driver. But, this incident seems as good a time as any to address any and all factors that contribute to drunk driving. Forums like this are useful for community discussion. Everyone can help prevent drunk driving. Call 911 when you see it. Fink on your friends if you have to. Call the DMV and report. Let's all work together to keep the roads safer.


we can point fingers all day : 3/10/2009

The fact is the lady was 41 years old , why was she not wearing her seat belt .The other two passengers survived because of their seat belts.Driving is a privilege that's why we take precaution and wear seat belts . What if the driver crashed into an animal and she flew out , then we would recognize that she died because of NO SEAT BELT . I'm not saying Mr. Maduena is not at fault for the accident , BUT SHE DIED BECAUSE SHE WAS NOT WEARING A SEAT BELT!

GM


Cause of Death No Seatbelt : 3/10/2009

It is an inescapable fact that the car accident was Fabian's fault but the facts are the facts and the cause of death was that the victim died because she was not wearing her seatbelt. Yes Fabian broke the law, and he should be punished; unfortunately the victim broke the law and that decision took her life.

VS


Fatal Crash : 3/10/2009

It is amazing that so many of you can condem this women for not wearing a seat belt. She was a hard working, loving mother who did not deserve to die. Yes, she failed to put on her seat belt, but she did not deserve to die. She leaves behind her children and loving husband who will all miss her dearly! Rosario had a beautiful smile that I saw daily, I will miss her...


I"m sorry for your loss. : 3/11/2009

She may have been a loving mother but it's a classic case of loss and tragedy. Shakespearean, if you will. He is an awful, awful human being. And she made one small mistake that cost her dearly. I'm so sorry for her family and people that knew her.

Dan


DONT DRINK DRIVE : 3/12/2009

MI PESAME A TODA LA FAMILIA ..DESCANSE EN PAZ ......


Don't Drink and drive!! : 3/12/2009

I know the family and give them all my prayers and thought.. We are with you familly.. GOD BLESS ROSARIO!!


Headline News : 3/13/2009

NO his not a illegal alien!!! So don't start with your racist remarks.... He made a bad choice, and has to live with the consiquences for the rest of his life!!! He deserves to do time, and learn from his mistakes. But this young man is a good person, he has his whole life ahead of him and ruined it by his choice to get behind the wheel. Should he be sentenced for 10-20 years?? No.... it's bad enough he has to live with this for the rest of his life....

BA


garbage : 3/15/2009

fabian was my 2nd cousin. hes not illegal. that lady should have been wearing her seatbelt. some of you people are full of crap.


IDIOTS : 3/17/2009

YOU PEOPLE THINKING HE IS AN ILLEGAL ALIEN ARE STUPID!!! WHY BECAUSE ONLY AN ILLEGAL ALIEN DRIVES WITH OUT A LIC. OR INS. WHAT EVER. HE IS NOT AN ILLEGAL ALIEN. (FACT)... STOP BEING SO JUDEGMENTAL. YES HE WAS DRINKING AND DRIVING AND HE IS GOING TO HAVE TO LIVE WITH THIS FOR THE REST OF HIS LIFE!!! WHO ARE YOU TO JUDGE. AND NO I HAVE NEVER DRIVEN DRUNK. I DON'T EVEN DRINK!!!!

:(


Wrong : 3/22/2009

Just so you all know he was born in Hollister, California and is an american citizen loser. So much racist people out there decided they are going to make a stupid comment like illigel alien. I bet there is more illigel alien in this country that are hard working and very good people that dont do what this punk did. this guy is a punk and dont forget was born in Hollister, Ca (America). Now talk about that and the wrong he did regardless if the person was wearing a seatbelt the kid was doing something ILLIGEL!


cousin : 3/26/2009

fabian maduena is my cousin i hadn'd seen him for a long time I was shoked to hear what happened and we are all here for him and Rosario for anything they need although he did do wrong by driving under the influence and to Rosario's family we are all verry sorry I know he has done mistakes in his past life but that is the past now he has to do time and trust and bolive he is going to regrett taking that alcohol into his system but to all of you it is not right to judge or talk about someone u don't know.As for u Fabian we love and miss you . P.S HE IS BORN HERE IN CALI,HOLLISTER SO QUIT INSALTING IITS ROOD.

MADUENA


Headline : 4/14/2009

No the headline should not be changed He was drinking and driving and he deserves what he gets And yes I know for a fact he is not illegal but that has nothing to do with what he has done . I personally know him and Im glad he is put away


FACTS : 4/17/2009

Nobody is condemning anything by saying she should have been wearing her seatbelt. If she were, she would probably be alive. This is a fact. It's sad but true, accept it. Regarding judging the a-hole that did this, we have every right to judge him. He's obviously a dumb-ass. Fact. Accept it.

Accept it


Fairness : 10/6/2009

I bet this person won't be charged and convicted of murder like Ashley Johnigan was. Who wants to bet?

Fair&Balanced


He was already charged : 10/7/2009

He plead guilty and got 21 years....


Seatbelt? : 10/8/2009

If she was riding on a bus or a trolley and she was hit by Fabian would it be easier for her you to stop blaming this woman? The car rolled a bunch of times. There is no way of knowing if her injuries would have been fatal if she had her seat belt fastened. Where is your sympathy for the other victims in the car that also sustained injuries but survived? How would you feel knowing that they will require hours of physical therapy and rehabilitation? PLUS...Fabian lacked insurance. How do you think they're going to pay for their medical care, vehicle expenses, lost wages etc? You need to stop and think before you type carelessly. Just because we cannot see each other does not mean that you should type without respect, compassion or courtesy for your fellow human beings. It's careless to speak so passionately and simply as if you have any idea or objective insight into the lives of these people. Shame on you. Try harder to be decent.

SBRes


ignorance : 11/23/2009

so who is the junior detective finding all this out about maduena. you dont know half of it. also yeah it was his fault. now yu know to wear seatbelts cuz there are drunk illegal aliens all over the place! is that wat yu all want to hear. nd no hea didnt plead guilty nd did not get the 21! you mis informed mother effers.

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