Sandra Arlia, 67 of Morgan Hill, was sentenced to three years of formal probation and 500 hours of community service for causing the traffic accident that killed a young Morgan Hill man.
Arlia and her friends and family cried throughout her sentencing hearing at the South County Courthouse Thursday, as did family members of Rory Tomasello, 22, the Live Oak High School graduate who died of a head injury after the accident.
Arlia sobbed heavily after Superior Court Judge Joanne McCracken announced the sentence, and was barely able to speak as she expressed remorse to Tomasello’s parents on their way out of the courtroom.
She will also be required to pay restitution to the court system, though that amount will be determined at a future hearing.
Arlia was found guilty of misdemeanor vehicular manslaughter by a jury Oct. 21.
The accident that took Tomasello’s life happened Oct. 23, 2009 in a crosswalk on West Edmundson Avenue. Arlia was driving a Cadillac SRX when her vehicle collided with Tomasello, who was riding a bicycle through the crosswalk which connects two sections of pedestrian and bike path.
Tomasello was not wearing a helmet at the time. He was transported to an area hospital with a complaint of pain, and died there Nov. 2, 2009 due to a head injury he suffered in the collision.
On Thursday, Tomasello’s family said they did not want Arlia to spend her sentence in jail. The charge of vehicular manslaughter carries a maximum sentence of one year in county jail.
McCracken said it was apparent from the emotions and reactions she observed from Arlia throughout the trial and sentencing hearing that she is remorseful for causing the accident, and acknowledged that her life will be changed forever.
She admonished the defendant for being “negligent,” even though the collision with Tomasello was strictly an accident.
“You made a bad choice that day,” McCracken said. “And you caused profound devastation to a lot of people. Nothing can restore the Tomasello family to the position they were in before this began.”
She wanted to make sure Arlia’s sentence “allows (her) to give back enough so you’ve healed, but long enough that it honors this young man.”
Tomasello’s family read statements asking for Arlia to apologize for causing his death, and to perform community service performing either traffic safety-related services or volunteering to help people who have suffered head trauma similar to that which afflicted Tomasello.
Sharon Ortegon, Tomasello’s aunt, described how Rory’s family, including his brother Ryan, continue to suffer emotionally from their loss. She said that Arlia “added salt to the wounds” by taking the case to trial, which required the repetition of the details of the incident, instead of admitting responsibility early on.
“Rory and Ryan were the two closest siblings I have ever known,” Ortegon said, who also spoke on behalf of Rory’s mother Kathee Tomasello who was at the hearing but suffered a stroke last year.
Another aunt of Tomasello’s, Roma Martwick, described the victim as “one of the most gifted artists I’ve known.” She added his death created “devastating” stress for the Tomasello that remains, and may have been responsible for Kathee Tomasello’s stroke.
His uncle, Tom Deneen, read passages that Rory wrote about himself on his Facebook profile before he died. “I believe in freedom, justice and equality for all,” he read, as Tomasello described how he is serious about his political and social beliefs but does not subscribe to any modern party or group labels.
Tomasello attended DeAnza College, and wrote poetry, essays and lyrics – often with social messages, according to his Facebook page.
“I regret not knowing what great works of art he would have produced. Rory’s death left a huge hole in all our hearts that can never be filled,” Martwick said.
Arlia was too emotionally distraught to speak, but her attorney Jaime Leanos read a statement she wrote. Her statement describes the sleepless nights she has spent thinking about the tragedy and how it has affected Tomasello’s family. Even in the initial days following the accident, before Tomasello died, she was up several nights worrying about his injuries.
Her brother also read a statement at Thursday’s hearing, describing Arlia as an “honest, caring and giving woman.”
“This is the most tragic, sad thing that’s ever happened to me,” read Arlia’s statement that Leanos recited in the courtroom. “It will be with me and with Rory Tomasello’s family and friends forever, and I’m very sorry for their loss.”
Numerous witnesses and two accident reconstruction expert testified in the October trial which lasted about a week. Prosecutors from the Santa Clara County District Attorney’s Office presented more than 35 pieces of evidence – mostly photographs – during the proceedings.
In an earlier hearing Thursday, Leanos filed a motion requesting a new trial. In the October trial, McCracken declined to allow Leanos to present evidence that Tomasello might have been listening to music on his head phones and under the influence of marijuana when the accident happened.
On Thursday, Leanos said since the verdict was announced, he was contacted by a juror who said he would have voted “not guilty” if he had known about the evidence of marijuana use. Plus, a witness told Leanos after the trial that after she stopped her car and approached Tomasello moments after the impact, she heard music coming from his mp3 player, which could indicate that he was listening to the device while he was crossing the street.
However, McCracken denied the request for a new trial. She said the juror’s statement affirms her original reason to deny the evidence of marijuana use – that because the evidence was not clear enough it would prejudice the jury.
She added the two potential distractions were “irrelevant” to the rest of the case. Plus, there was not enough evidence of either distraction to allow it in the open trial.
