Judge Defies Victim’s Family by Sentencing DUI Driver to Jail

Apr 20, 2013 6:18pm

A judge, who sentenced a Fresno, Calif., man to jail for his role in a deadly drunk driving accident, defied the wishes of the victim’s family who had asked that the driver not receive jail time.

Judge Alan Simpson sentenced 25-year-old Brian Cappelluti  to a year in jail after Cappelluti pleaded guilty to gross vehicular manslaughter and DUI charges on Thursday.

In 2011 Cappelluti, of Fresno, was arrested after driving drunk with a blood alcohol level of .21 and crashing into a traffic light. The accident took the life of passenger 23-year-old J.W. Pardini, a close friend of Cappelluti’s.

Before Cappelluti’s sentencing, the Pardini family wrote a letter to the judge asking that Cappelluti not be given jail time.

“JW is gone forever. Brian has to live with the thought of this accident every day for the rest of his life,” the family wrote in a statement. “We suggest that probation for Brian is the proper corrective action.”

Another passenger in the car, Marion Walker, was severely injured during the crash. But she also spoke out for Cappelluti and asked the judge for leniency in his sentencing.

“All of us will pay for this accident for the rest of our lives,” Walker said. “We all understood what could happen and it did. I ask you not to take away my surviving support.”

While Simpson’s sentence of one year in jail is more than the defense wanted, it is far less than the five years in prison the prosecutors had asked for.

“I think the outcome was fair and just and everybody can feel that justice was done,” defense attorney Rick Berman told ABC News affiliate KFSN-TV in Fresno after the sentencing.

An earlier plea bargain fell apart in February after Cappelluti refused a deal that could have resulted in his spending six years in prison. During that hearing, Judge Houry Sanderson chided Cappelluti for relying on the kindness of Pardini’s family.

“If he was not related at all to these victims at all, total strangers, I am very sure that the position of these families would have been very different,” Sanderson said.

Cappelluti could be released from jail after eight months.

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