Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?
Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.
In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.
Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.
Maybe far less.
In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.
She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.
Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.
Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.
Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.
One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.
In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.
But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.
Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.
“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)
Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.
“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”
Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.
The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.
At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.
And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.
Whether justice will be served depends entirely on your perspective.
……..
In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.
Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.
[…] One Year in Jail for Underage, Allegedly Drunk, Driver Who Nearly Killed Cyclist (Biking In L.A.) […]
And I’ll bet the penalties she’s facing most likely stem more from the fact that she was drunk and underage.
At least she’s going to plead guilty to a felony.
Any word on the “misdemeanor” case against Dahab for plowing into the Midnight Ridazz?
No charges have been filed yet. To the best of my knowledge, the case is still under active investigation by the Culver City Police Department; however, they were having difficulty getting some of the victims and witnesses to come forward.
Still trying to wrap my head around that letter she wrote. Took a couple tries to get through it without trying to strangle my computer.
I wanted to throw my laptop out the window. She talks about growing up fast because of this…but from the tone and things she says in the letter, she clearly needs to do a lot more growing up. Disgusting. Did she acknowledge that she was breaking the law by being underage and drinking? I didn’t see that because I had to keep from putting a fist through my screen. Seriously, that letter reads like spoiled little girl with a bad case of entitlement. If I were her attorney, I would not have let her send that. I think it speaks more to her lack of remorse than her sympathy for the victims, especially with all these excuses. I would have more respect and compassion for someone who takes responsibility for their actions and says “I screwed up. I drank and I’m not of legal age, and then I stupidly thought I was invincible and could drink and drive. I can’t. I was wrong. I hurt someone. I didn’t mean to, but, yes, I should have known better. I’m truly sorry.” That would go a much longer way with me than all the denial and bullshit.
Did you notice that she uses passive language like: “an accident happened” not “I caused an accident”? It bears all the earmarks of being edited by her attorney. And throughout that letter, she spent most of the time talking about herself, how going to jail would derail her plans, and how people love her than the harm she caused.
I would give her NO plea deal unless:
1. She owns up to what she did. SHE nearly killed someone and likely injured them for life.
2. If she wants a reduced sentence, I think something more than an apology is needed. If she was truly sorry, she would be offering something to REDEEM herself for what she’s done. Perhaps having her lecture traffic schools on the accident she caused, how it affected everyone, and why she would never do it again might be in order.
But a simple APOLOGY? I’m sorry, but reading that letter, I STILL don’t think she gets it. She doesn’t accept responsibility and it is all about HER.
Who is the DA in charge of this case? This is an outrage.
All right … so I couldn’t read the whole thing without blowing up. She DOES offer to do something to redeem herself. I would take up that offer and sentence her to do just that. Every week. For at least a year. In addition to any reduced jail time.
But in those lectures, she needs to accept responsibility for what she did. NO BS statements to the effect that she didn’t know she could still be drunk when she woke up.
Arrggg.
Trust me, the D.A. has been in communication with friends of Adam Rybicki, and is well aware of the negative reaction cyclists have had to this letter. He has also been to the long-term care facility to see Adam, so he knows the harm Garcia caused, even if she doesn’t seem to get it.
My understanding is that the judge is not required to adhere to the terms of a plea agreement, and is free to impose a tougher sentence. Hopefully, he or she will share our outrage after reading this letter.
On the driver that ran into the group of cyclists, according to the Geneva Convention driving into a group of civilians or unarmed soldiers is a war crime. Can’t we just send her to Gitmo and leave her there? I’m sure the current inmates will appreciate her…
Thankyou for posting the court date for my brother.Jim Laing….I cant believe its almost a year,and the woman is still out of jail….I miss Jim….Carolyn
You’re welcome. I sincerely hope your brother gets the justice he deserves.
thankyou….so do I…
Her mother is a court reporter. It had nothing to do with the D.A. She got cut a deal because her mom WORKS for the people who are supposed to be punishing her. Absolutely pathetic.
Could anyone please help me??? I have 19 photos of Jaclyn Garcia consuming alcohol while on probation they are screen shots of post she made to her social media accounts. I am trying to provide them to her probation officer, but am getting stonewalled! I emailed the DA office and nothing! I would like to provide them to her victims for use in the civil trial though I can find to record of a pending civil lawsuit! Does anyone have any information on what to do? This girl is a MONSTER!