Latest News 2011 February DUI Driver Blames Dog for Death

DUI Driver Blames Dog for Death

Although Jimmy Candido Flores claimed that a dog made him do it, a judge still convicted him to 10 years in prison for the DUI-related death of an elementary school teacher, as reported by the Chico-er.

Flores is expected to serve approximately five years of his sentence.

Flores pleaded no contest to vehicular manslaughter while intoxicated, and possession of marijuana intended for sale, on November 23 in Butte County Superior Court. 

Carrie Ann Holiman, 56, was jogging on the shoulder of Oro Chico Highway close to Estates Drive at approximately 9 a.m. on July 22 when Flores - under the influence of marijuana and three other drugs - ran her down.

And, although the courtroom was filled with family of both Flores and Holiman showing their support, Judge Clare Keithley said she was successful in just looking at the facts presented in the case and separating any emotion from her decision.

As Flores had a prior conviction for DUI - and causing injury - the judge contended that he didn't show enough remorse during the trial.  She said that his actions "involved callousness" and that he was a "serious danger to society."

Keithley stated that Flores had seen Holiman before he struck her and should have corrected his driving to avoid an impact.

Six family members and friends of Holiman asked the judge to impose the maximum sentence.

Sequoia Stephens, Holiman's only child, said, "I feel like half of me is missing now."

A friend and co-worker, Virginia Bacigalupi, commented, "My loss doesn't have a time frame, it's a life sentence."

The Flores family did not address the judge or the open court.  Anthony Cardoza, Flores's defense attorney spoke for his client.  He said, "My client is sorry, despite what you've heard, anybody who knows him knows he's sorry."

Flores' wrote a letter to give to the Holiman family - when they're ready - per Cardoza.

Cardoza argued that the drug test taken by his client didn't determine that he was under the influence.  He claimed that the police reports were lacking in information.

In blaming his dog for causing the crash, deputy district attorney, Kurt Worley, said that Flores showed no remorse and had "a wanton disregard for public safety."

Flores had contended that the accident was solely due to the behavior of his dog.  He claims that the dog had unexpectedly jumped against his arm just before he struck Holiman.   And that it was the dog's sudden movement that caused the car to jerk to the side of the road.

Worley argued against the dog defense.  He said, "The facts don't necessarily give consistency to his story.  California Highway Patrol searched the roadway for tire friction marks and found none, which is not consistent with a sharp turn.  He would have us believe the dog caused him to veer just enough."

Restitution has not yet been agreed upon.  In the interim, Flores will remain at Butte County Jail before being transferred to the Department of Corrections, and then, to prison.

Facing criminal charges stemming from driving while under the influence?  Contact a DUI attorney today for help with you defense.

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