A young motorist who struck and killed a retired attorney in National City on Feb. 13 was released from jail Monday night after being sentenced to time he has already served.
Robert Turner Gustafson, 81, was an attorney for 54 years and practiced law in Chula Vista Superior Court—ironically, where the motorist who struck him and left the scene was granted three years probation.
Efrain Gabriel Black, 20, told Judge Francis Devaney he did not see Gustafson, but saw the two dogs he was walking on East 4th Street around 7 p.m.
“I panicked and drove home,” said Black, of San Diego.
Devaney sentenced him to the 63 days he had already served plus 62 days credit for good behavior for a 125-day sentence.
“This is not a manslaughter case. The crime was leaving the scene,” said Devaney. “There were no allegations of fault.
He was a scared young kid who left the scene.”
The judge told Black had he stayed at the scene, he might have avoided an arrest and prosecution. Black pleaded guilty to hit and run that resulted in death.
Black was ordered not to use alcohol for the next three years on probation along with a $1,374 fine. He must pay probation costs of $99 per month.
Black’s parents both died when he was a young child and he had been living with his grandmother and helping to raise his 16-year-old sister, said his attorney, Chelsea Kopp.
His elderly grandmother, Raymunda Chilcutt, tearfully asked the judge “to be understanding for my grandson.” Black worked at a Miramar daycare center.
“Get back to work and take care of your grandmother,” said the judge to Black.
Deputy District Attorney Thomas McClain asked for a 1-year jail term, saying “he took a valuable member of our community from us.”
Gustafson mentored to a lot of young people, and donated some of his legal services to people who could not pay attorneys fees, said McClain.
Gustafson’s obituary described him as “a lifelong Democrat who was passionate about conserving natural resources, civil rights and social concerns.” He was a Navy veteran. He is survived by a brother and sister who wrote letters to the judge recommending probation for Black.
Black, who had no prior record, was the kind of person whom Gustafson would have defended, according to the letters from his siblings which were read in court.
“He was always ready to help anyone in need,” wrote the victim’s sister. “I believe (Black) deserves a second chance.”
Kopp said the victim’s siblings “went beyond forgiving” in their letters.
“This was an accident that was never supposed to occur,” said Black, who said the street was dark and Gustafson was not in a crosswalk when he was struck. “I’m not a horrible person.”
Kopp said Black learned via the news that someone died that night and the next day he discussed it with his family members. They urged him to turn himself in to National City Police, which he did the next day.
Kopp said Black was not a suspect until he voluntarily acknowledged his role to police and his grandmother’s car only had minimal damage.
“We think about this every day,” said Black’s aunt, Ericka Mosca. “We will make sure Mr. Gustafson’s legacy lives on.”
