Appellate Court to Consider Vasquez Sentence
Sandra Vasquez was sentenced to 15 years in prison for driving drunk in the February 2007 accident that killed five teens.
Photos
Sandra Vasquez’s attorney is hopeful after learning the appellate court will hear oral arguments on her appeal of her prison sentence for driving drunk in the 2007 crash that killed five teens in Oswego.
“Any time you are granted an oral argument on an appeal, it’s a good sign,” defense attorney Kathleen Colton said. “It means the justices want to hear from the attorneys, rather than reading the cold file.”
A panel of three appellate justices will hear arguments—and perhaps question—appellate prosecutors and appellate public defenders on a portion of state law that demands prison time for fatal DUIs “unless the court determines that extraordinary circumstances exist and require probation.” The arguments are set for May 14 in Elgin.
Vasquez was sentenced in August 2010 to 15 years in prison.
She was convicted of driving drunk at about 2:20 a.m. on Feb. 11, 2007, when her 2001 Infiniti i30 smashed into a utility pole on Route 31 near River Run Boulevard in Oswego, Kendall County court records show. She had nine people, including herself, in a five-seat vehicle. Five teens died; three other teens were injured.
During the trial, Colton and a defense toxicology expert argued liver damage Vasquez has suffered in the crash affected alcohol test results and that she was not impaired at the time of the accident.
Vasquez, a mother of two, faced between six and 28 years in prison because the accident involved two or more deaths. Those convicted of DUIs involving one death face between three and 14 years in prison.
In both situations, probation is only allowed if the judge finds “extraordinary circumstances exist”—but, Colton said, the statute doesn’t define “extraordinary circumstances.”
Colton argued that the sentencing law is unconstitutional because it is vague.
“Does it have to do with the defendant and her circumstances? Does it have to do with the case itself?” Colton asked.
When Colton raised the issue after Vasquez’s trial, prosecutors argued that the law wasn’t vague, but rather left discretion to the judge. Prosecutors also argued that the law was definitive enough to “give a person of ordinary intelligence fair warning as to what conduct is prohibited” and to give judges enough guidance to follow legislators’ intent, Kendall County court records show.
If the appellate judges disagree, though, their decision could have broad ramifications for those sentenced under this law, which went into effect in 2006, Colton said.
“Certainly, if they declare it unconstitutional, everyone who has been sentenced under that statute and did not get probation, would be able to go back and ask to be resentenced,” Colton said.
Sarah
12:27 pm on Thursday, April 19, 2012
To Ms. Colton's point, potentially opening this up for all defendants serving time because they did not meet the judge's interpretation of "extraordinary circumstances" is dangerous by my estimation.
Chris Spero
1:40 pm on Thursday, April 19, 2012
She killed 5 kids. 15 years in prison is hardly justice for those families.
Chneiko Ellis
2:34 pm on Thursday, April 19, 2012
I appreciate the fact the justices are taking time to entertain additional details of this case. I feel the event was very tragic and my heart is saddened for all the families involved. But this was not Manslaughter, it was a young girl trying to help some kids she didn't even know get home safely. Unfortunately an event took place that resulted in tragedy. However take time to review the case in its full capacity and execute responsibility to all parties involved. This was by far not all the result of one individuals actions and irresponsibilty
Jane Enviere
7:27 pm on Thursday, April 19, 2012
It was an awful story and if anything, it reminded me of how absolutely vigilant we need to be to actually know where our children are. It's my resonsibility as a parent to make sure that they have as few opportunities as possible to get into a vehicle with a drunk stranger. Period.
Chris Spero
7:55 am on Friday, April 20, 2012
She was intoxicated, and driving fast and recklessly. She caused the accident. She killed those kids. Period.
oswegoannie
6:45 pm on Monday, April 23, 2012
NOTa young girl - a grown woman - an adult in her twenties with 2 children. While not the only one at fault in this horrific incident, she chose to allow all those kids into her car after she herself had been drinking. The parents, familes and friends of those teens, gone too soon, pay an agonizing price for that decision every single day.
Leslie Green
4:14 pm on Thursday, April 19, 2012
Let's see-15 years; that's 3 years per child. the families of those five children are sentenced to a lifetime of grief and heartache. No more celebrations, no more hugs. Quieter houses, dreams destroyed. Unbelievable-yeah, let's go for an interpretation that will release other drunks that have taken lives. Cant wait to have these losers back on the road. Fifteen years for Vasquez wasn't nearly enough in my opinion!
Just Sayin
7:21 pm on Thursday, April 19, 2012
I 100% agree with Leslie!
Mariah
8:25 pm on Saturday, April 21, 2012
I'm sorry to her about the loss of these families but at 2am in the morning, these kids were out at their age, parents should take some responsability too. Why weren't the parents picking these kids up, why did they leave these young kids out at 2am? I agree with Chneiko Elllis. These young kids should have been home, what happened to curfue?
Sonny Perry
8:31 pm on Thursday, April 19, 2012
I know her personally and I can't justify her choice and action. All I can say is she was a great person and friend. Her heart was big and she really cared about people. She was not a loser or a gangbanger. She did sell drugs or uses. Im not saying was a saint but she was a really a kind hearted person. my heart goes out to the family's and her. Keep your head up Sandra.
Chris Spero
8:00 am on Friday, April 20, 2012
Jane Enviere- You make another good point. The big question is what were all those kids, some as young as 14, doing out at a party at 2AM? Where were their parents? As to Chneiko Ellis' point: There were a lot of bad decisions made that night; by the parents, by the kids, and by Vasquez.
Mariah
8:28 pm on Saturday, April 21, 2012
I agree Chris 110%!
d jensen
12:14 pm on Friday, April 20, 2012
i'm pretty sure all teens have lied to their parents at some point about where they are. dont drink and drive and don't offer a ride to anyone when you have been drinking..my thoughts are with the familys who lost their children regardless of where the were.
Mariah
8:30 pm on Saturday, April 21, 2012
I'm a mother of three, my heart goes out to these families but at these ages, I definitely knew where my kids were and as a parent, I have the say so.
Mandy
2:59 pm on Friday, April 20, 2012
Really people , who are you to talk about where these kids should of been ! Leave it alone these parent , Aunts , uncles , cousins , grandparents of those teens dont need to hear your two sense let them RIP! And God forbid your " perfect" parenting hopefully will never be the talk of the patch one day!
Mariah
8:32 pm on Saturday, April 21, 2012
Mandy, so sorry but it's the truth. All parties should be held accountable. Sometimes you get the short end of the stick just for trying to help and do a good deed.
Leslie Green
5:44 pm on Friday, April 20, 2012
None of the people commenting claimed to be perfect parents or perfect at anything, for that matter. When I read an article regarding leniency for a drunk driver involved in a fatal accident, I get really upset...my opinion won't change-I side with the victims.
Mariah
8:35 pm on Saturday, April 21, 2012
I side with the victims too, but this is a lesson to learn for parents who are extra lenient and don't like to say no. This is a case of "killing your kids with kindness." Let's be parents and not friends to our kids. Let's give them guidance and not everything they want. My heart goes out to the families but lets learn something from all of this.
st
10:55 am on Sunday, April 22, 2012
Mariah it is curFEW and Sonny did you mean to write that Sandra sells drugs??
Mariah
2:15 pm on Sunday, April 22, 2012
Ok CurFEW...... you know what I mean.
Kelly
4:45 pm on Friday, May 4, 2012
You guys never lied to your parents ever??????? like seriously?? every kids lies to there parents about where they have been DO NOT put this on the parents..dont be so judgemental... what was a 22 year old doing at a 15 and 16 year old party?? ask yourself that
smiles
6:35 pm on Monday, May 7, 2012
no that party was not for 15 and 16 year olds, that party was for much older young adults. there was marijuana and hard liquor readily available. those kids had no business there and they chose to go there.
My2cents
1:25 am on Wednesday, September 5, 2012
I don't even recall how I stumbled upon this story today but I did and it is an extremely tragic one. From what I read this party was at sandras aunts house, and sandra ended up there after getting a call to pick up her younger sister. My question is what kind of person is this aunt who was having a party like this..with her niece and several other minors present. And did Sandra arrive drunk..did she drink there and get drunk? I read that one of the survivors stated she knew they were gonna crash because Sandra was driving erratically and said "This is just how I drive". Kinda makes me think she was trying to be "cool" and fit in with the kids..for some strange reason. I just have a hard time understanding why a woman of that age..a mother of 2 would be so irresponsible in not only cramming 8 kids in a 4 person/passenger vehicle BUT also getting behind the wheel after she had been drinking. There's absolutely no excuse for it. Yes these kids had no business being out at that hour..and drinking or getting high..but paying for a mistake that plenty of others at their age have made..with their lives is just not right. And someone has to be made responsible for it. I don't know Sandra but she was the adult in the situation and should have had better judgement period. I'm sure she's a nice person and so forth but the fact of the matter is she made a poor decision that resulted in the death of 5 people and she has to be held accountable PERIOD.