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Yahoo!Kincaid Orosco, accused of hitting and killing a woman who was pushing a baby across the street in Goleta last November, pleaded not guilty Friday to charges related to the incident. As per a complaint filed by the District Attorney’s Office late last month, 18-year-old Orosco faces charges of misdemeanor vehicular manslaughter, felony sale or transportation of marijuana, felony possession of marijuana for sale, and unsafe operation of a motor vehicle with great bodily injury, which is an infraction.
If found guilty of the vehicular-manslaughter charge — under which the District Attorney’s Office said that Orosco acted “without malice” and “without gross negligence” — Orosco could be sentenced to one year in County Jail. The infraction, which relates to the injuries to the 20-month-old boy, would mean that Orosco would have to pay a fine; a statement from the Sheriff’s Office released after the incident said the boy was “recovering well” after being treated at the hospital. If convicted of the drug charges, Orosco could face up to four years in prison and have his license suspend for one year.
According to the District Attorney’s Office, Orosco wasn’t arrested after the incident but was sent a letter to appear in court for his arraignment on Friday. Prior to his next court date in April, he will be booked and released from jail and then released on his own recognizance; he has not been in custody.
According to the Sheriff’s Office, which investigated the incident for several months, on November 11, Orosco was driving westbound at approximately 5:30 p.m. on Cathedral Oaks Road when he hit Shuguang Lui, 59, who was pushing the boy across the street at Santa Marguerita Drive. Lui, a native of China, wasn’t the baby boy’s mother but was related to him. She was pronounced dead at the scene.
Orosco’s attorney, Robert Landheer, argued unsuccessfully on Friday that Judge Thomas Adams not include a prohibition on marijuana use in Orosco’s release terms, saying that Orosco has a medical marijuana card. “It’s unfortunate to me that this is coupled with this case,” Landheer said after the hearing. “The investigation was because of this incredible tragedy. The collateral damage to this young kid are these other charges.” Landheer added that the amount of marijuana Orosco had with him at the time was an amount his doctor allowed.
Landheer continued, saying that, as far as he knew, Orosco wasn’t disobeying traffic laws at the time of the incident and if he had been, the charge would likely have been more severe. He said Orosco stopped after hitting the woman and went to her aid. Landheer said that Orosco has the support of his family and friends — his mother was with him in court on Friday — and that they are “very, very saddened by what happened to this woman” and “their condolences go out” to the families of her and the boy. “It’s not a crime; it’s a tragedy,” Landheer said. “Criminalizing a tragedy is what, in a sense, I feel this is.”
Construction on long-awaited pedestrian improvements for that intersection started in January, and the City of Goleta will hold an event marking the improvements’ completion on Wednesday. Additions to the intersection include pedestrian-activated flashing lights and a median pedestrian area; an extra street light will be installed soon.
Comments
This guy kills a pedestrian and injures a baby and is now suffering hardship because the judge won't let him smoke weed as a condition of his release. Am I missing something here?
Botany (anonymous profile)
March 10, 2014 at 7:42 a.m. (Suggest removal)
Ya, don't push a baby across the street without looking both ways. Duh. A cross walk is not a sure thing, I see people waiting to cross at crosswalks and will have to wait for several cars before they cross. Should all of those drivers be charged with manslaughter? Probably not. They should be more careful and more aware of the crosswalks, but pedestrians also have a responsibility, for their own sake if nothing else, to be somewhat careful crossing.
As far as letting him have his medicine, if he was on some other type of medication they would be giving it to him if he were in prison. I doubt they will give him this medicine in prison. Why not?
Does it not also bother you that if sentenced, he will get 1 year for the manslaughter charges and 4 years for the cannabis possession charges??
loonpt (anonymous profile)
March 10, 2014 at 11:40 a.m. (Suggest removal)
No, it bothers me that he killed someone, but apparently it bothers you more that he can't smoke dope.
Botany (anonymous profile)
March 10, 2014 at 11:55 a.m. (Suggest removal)
Marijuana and Automobile operation never hurt anybody...
dou4now (anonymous profile)
March 10, 2014 at 12:04 p.m. (Suggest removal)
Right, let's assume that the person who pushes a child into the middle of the street without looking both ways has no responsibility in the matter...WHO DOES THAT?! I don't bolt into the middle of the street when I smoke weed, were they on prescription medications or something? My point was I find it much more common for people driving to cross intersections while others are waiting, sometimes 4-5 cars will cross, than it is to see somebody bolt out from a crosswalk into an intersection in front of another car.
I guess all those other people who I see driving through the crosswalks are high on weed, even though they are in business suits or look like they are taking their kids to soccer practice, while I stop for the pedestrian, even though I'm high on weed, too. Or maybe it was just incidental, a huge tragedy and that could have happened to just about anybody??
dou4now, plenty of studies have been done and those who consume small to moderate amounts of cannabis are as safe OR MORE SAFE than sober drivers. In Washington state they seen an significant increase in cannabis use on the roads since it has been made legal medicinally and have seen increases in DUIs related to cannabis..... but what they haven't seen is an increase in traffic accidents.
loonpt (anonymous profile)
March 10, 2014 at 12:18 p.m. (Suggest removal)
Whether he's guilty or not is a matter for a jury to decide, unless this is one of your "victimless crimes" that should be legalized. And yeah, if someone in a business suit plows over people in his car, he should be held accountable, but I guess because this is just a careless pothead, he should be let off the hook.
Botany (anonymous profile)
March 10, 2014 at 12:34 p.m. (Suggest removal)
Y'all have points, alas, none of us were there. Imagine all the possible scenarios and head games going on next time you are the pedestrian/driver.
spacey (anonymous profile)
March 10, 2014 at 2:26 p.m. (Suggest removal)
I agree with spacey, we weren't there and we don't know. I also agree that it is for a judge and jury to decide. I'm not going to condemn this person automatically for the murder, although one thing is for certain, the driver deserves a ticket for failing to yield to a pedestrian in a pedestrian right of way crosswalk... Apparently he wasn't breaking any other laws and was otherwise driving safely as far as they can determine. There are thousands or more in Santa Barbara every day who essentially break this law while the pedestrians sit on the shoulder and wait, sometimes while the pedestrian lights are flashing. Sometimes when there are no lights, they are waiting back, like I do, waiting for a break in traffic. But other times there is relatively consistent traffic or the lights are flashing and they are on the edge of the curb waiting to step out and can't.
So here is what I dare you to do.. Go to random crosswalks throughout Santa Barbara and Goleta and put on a blindfold and cross. You won't do it, right? What about with a baby carriage?
loonpt (anonymous profile)
March 11, 2014 at 10:15 a.m. (Suggest removal)
Well, you've already condemned the victim for allegedly "pushes a child into the middle of the street without looking both ways". You assume facts of which you have no evidence and make assuptions based on your preconceived notions of "justice". Justice in the Loonpt world has a ring of fascism in it, don't you think?
Botany (anonymous profile)
March 11, 2014 at 11 a.m. (Suggest removal)
Next time you decide to sell weed and kill a pedestrian, I suggest you talk to your attorney first.
AZ2SB (anonymous profile)
March 11, 2014 at 6:58 p.m. (Suggest removal)