Tuesday, October 19, 2010

Hope-y, Change-y Judge Robert Fitzgerald Gives Treatment to DUI Driver who kills pedestrian in Hit& Run Incident

Posted by CotoBlogzz 10-19-2010 

SANTA ANA - While a
 California jury convicted Andrew Gallo of DUI-related  three counts of second-degree murder in the death of Angels rookie Nick Adenhart and two other people in April 2009 and, faces up to 50 years in state prison when he is sentenced on Dec. 10, The Honorable Judge Robert Fitzgerald gives treatment to Shana Lynne Calderon.

Shana Lynne Calderon  was sentenced yesterday to one year in a residential treatment program in lieu of jail and three years of formal probation for hitting a pedestrian and fleeing the scene, resulting in the victim's death one week later, according to the Orange County District Attorney's (OCDA) office.

Calderon, 21, Newport Beach, pleaded guilty to the court Aug. 13, 2010, to one felony count of hit and run causing death, one misdemeanor count each of driving under the influence of alcohol and/or drugs, driving with a blood alcohol level of .08 or more, possession of controlled substance paraphernalia, and driving without a valid license. At the time of Calderon's plea, the DA objected to the court's offer of jail and probation, arguing for a state prison sentence. 

At approximately 1:30 a.m. on Dec. 12, 2009, Calderon was driving in her white 1995 Ford Explorer southbound on the California State Route 55 as it turned into Newport Boulevard in Costa Mesa. The victim, 29-year-old Michael McLaughlin, stepped into the street as Calderon moved into the right hand turn lane and hit the victim at the intersection of Newport Boulevard and 19th Street. The defendant struck the victim causing him to hit the windshield and fly into the street. Calderon parked her vehicle nearby, walked to the scene, and spoke to a witness at the scene. Calderon and her passenger then fled the scene. The victim was transported to Western Medical Center in Santa Ana, where he died a week later due to blunt force trauma caused by the crash.

Approximately two hours later, Calderon turned herself in to the Costa Mesa Police Department. Calderon displayed objective signs of intoxication including bloodshot and watery eyes, flushed face, slurred speech, and a strong odor of alcohol on her breath. At the time of her arrest she was in possession of two hollowed-out pen containers used to ingest prescription drugs. At the time of the crash, Calderon was driving without a valid driver's license.  

Deputy District Attorney Jason Baez of the Homicide Unit prosecuted this case.  

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