A 21-year-old driver who struck and killed a Navy veteran in the South Bay was sentenced May 24 to 180 days in jail and was ordered to perform 150 hours of community service.
Carlos Eduardo Franco pleaded guilty to misdemeanor vehicular manslaughter in the July 30, 2018, death of Carmelo Figueroa, 66, who was struck at 7:30 a.m. on Del Sol Boulevard near Dennery Road in the Ocean Crest area.
Franco stayed at the scene and had not been drinking or using drugs. However, he was speeding, and showed negligence, said Deputy District Attorney Vincent Chen.
“There’s not a moment I don’t think about what happened,” said Franco to the victim’s widow and daughter in the audience.
“I feel really, really sorry for the family. I’m not a bad person,” said Franco. “I don’t aspire to be a bad person. I just wanted to say I’m sorry.”
Chula Vista Superior Court Judge Rohanee Zapanta said Franco could serve the 180 days if accepted into a work furlough program under terms of five years probation. If accepted, Franco could continue to work days, but be locked up at night.
Zapanta ordered Franco to complete 30 hours of community service with a non-profit organization per year on probation and set the deadline for completion of this work with the victim’s birthday, Feb. 3, for all five years.
“There is no amount of adjudication that can put a value on human life,” said the judge. “I have thought long and hard about this sentence.”
Zapanta allowed Franco to remain free on bond until July 8. Franco, of San Ysidro, said he was currently working full time.
Franco’s attorney, Kim Santini, sought a lesser sentence, noting the probation department recommended 90 days.
“Mr. Franco did not fight this. He accepted his guilt from the get go,” said Santini. “We have a man here who is extremely remorseful.”
Chen afterwards said the case was prosecuted as a misdemeanor because “it didn’t rise” to the level of a felony. Chen said Franco stayed at the scene, and was not under the influence of alcohol or drugs at the time.
“He was speeding, faster than he should have,” said Chen.
Chen said Figueroa lived in the area and was struck while on his morning walk. He had asked for “a minimum of 180 days” in jail for Franco. The victim’s widow, Ofelia, and their daughter Kay also addressed the judge.
Chen said the judge setting the victim’s birthday as a date to complete the community service was for Franco to reflect “every year remember what happened.”
