A tearful South Bay woman who fled the scene after fatally hitting Pablo Rosa-Velez on his motorcycle in Chula Vista was sentenced Friday to two years in state prison after a judge denied her probation.
Tina Marie Murray, 47, burst into tears when she saw her mother, aunt and other family members enter the courtroom just before Chula Vista Superior Court Judge Francis Devaney started the sentencing hearing. Murray cried repeatedly throughout the hearing except when the judge was pronouncing sentence.
She was given 289 days of jail credits and was fined $600.
Rosa-Velez, 30, died July 3 after he was struck in the 2400 block of Main Street in Chula Vista by Murray who pulled out in front of him and then drove away in her tan Ford Explorer.
He worked as a sandblaster at General Dynamics and his wife was pregnant at the time.
“I don’t know why she didn’t stop or help him out,” said Danny Rosa-Velez, the victim’s brother.
“I believe he could have been saved. Everything in our lives has consequences,” said Elizabeth Rosa-Velez, the victim’s sister.
Janet Spivey, who is Murray’s aunt, apologized for the accident. She said Murray was diagnosed with bipolar mental disorder. “It’s a mental illness…I’ll never be able to explain why she left (the scene),” said Spivey.
Deputy District Attorney Cherie Somerville asked for a 4-year prison term, saying she was driving without insurance and had two drunk driving convictions in 2013 and 2008. She added that Murray had “significant substance abuse history,” and had earlier been arrested for domestic violence and possessing a meth pipe.
“She never tried to call 911,” said Somerville. “She could have gone to a store, borrowed a phone.”
Murray denied she was drunk or high when she struck Rosa-Velez, but she fled the scene so there were no tests to determine that. She abandoned her car three days later near the south end of San Diego Harbor even though she had recently purchased the Ford Explorer.
Miguel Penalosa, her attorney, said Murray briefly stopped and saw others rendering aid and then she drove away. He said she has a diagnosis of post traumatic stress disorder.
“Her state of shock lasted for several days,” said Penalosa.
“She’s extremely remorseful. When she’s on medication, she does well,” said Penalosa.
Her attorney argued for probation with a treatment plan. He said if Murray received probation, she could get the help she needs.
Devaney said he wanted to think about the proposed sentence, so he took a recess. Fifteen minutes later, he came out and denied probation and ordered the 2-year prison term.
“She’s 47 years old, not a young teen-ager. A 47-year-old woman knows better. She ditched the car,” said Devaney. “Ms. Murray left a dying person on that road.”
“She did more than leave the scene. It was not a moment of panic,” said the judge, who added she fled to avoid arrest.
Murray pleaded guilty to hit and run with death and was not charged with vehicular manslaughter. Devaney said she might not have been charged with anything had she remained at the scene and summoned aid.
“I was in shock. I’m a good person. I made the wrong choice,” said Murray. “I’m sorry. I’m sorry. I wish I could change that day.”
A Feb. 21 status hearing was set to see if she might have to pay any restitution to the victim’s family.
