Drunken driver pleads guilty

By COLBY FRAZIER — Sept. 10, 2009

Fabian Maduena, a 21-year-old man from Hollister Calif. who killed a 41-year-old Goleta woman after rear-ending the car she was riding in last March, pleaded guilty yesterday to vehicular manslaughter and will spend the next 21 years in prison.

In addition to the vehicular manslaughter charge, Maduena pleaded guilty to possession of marijuana for sale, driving on a suspended license, driving without insurance and two special allegations, including leaving the scene of an accident after causing injury and fleeing from police officers.

Maduena’s 21-year prison sentence, which he agreed to as part of a plea deal, will be officially handed down on Oct. 8.

Senior Deputy District Attorney Joyce Dudley, the prosecutor in the case, said the family of the victim, Rosario Silvestre, agreed with the conditions of the plea, which allow Maduena to be released after serving half of his sentence.

“They were very, very happy and relieved with today’s sentence,” she said. “For them it was this concept of justice, and today they got it.”

Just before 9:30 p.m. on March 7, authorities received reports that a white Mercedes Benz was traveling at a high rate of speed north of Fairview Avenue. As the Mercedes, driven by Maduena, approached the Fairview Avenue under crossing, authorities say it neared a black Volkswagen sedan and apparently clipped the slower moving car’s rear driver’s side, bumping the car off the roadway where it 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.

During the collision, Silvestre, who was not wearing her seatbelt, was ejected from the vehicle. She was taken to Cottage Hospital, where she died due to blunt force trauma. Two others in the Volkswagen suffered minor injuries.

Maduena, however, drove off. California Highway Patrol officers found the Mercedes pulled off the side of the road several miles from the scene of the collision. During Maduena’s preliminary hearing, Dudley said the defendant stopped his car after the hood popped up, impeding his vision.

Inside the car, authorities found an open bottle of whiskey, while 109 grams of marijuana in six small containers, as well as a digital scale, was discovered in the man’s trunk.

During yesterday’s court hearing, Dudley said Maduena, in a rare move, passed her an apology letter that she delivered to Silvestre’s family.

At the time of his arrest, Maduena had a .17 blood alcohol level, more than double the legal limit. Marijuana was also detected in the man’s system.

“It was a tragedy that could have easily been avoided,” Dudley said. “Five children lost their mother and [Maduena] lost the next 21 years of his life. Just tragedy all around.”

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Report Reckless Drivers by calling 911 : 9/12/2009

Reckless drivers should be reported by calling 911. Be a good citizen. Report. It may save someone's life.

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