MORGAN HILL
– An emotion-filled and packed courtroom listened Tuesday as
Santa Clara County Judge Edward Lee announced his decision that
Charles Spear would spend four years in state prison followed by
three years of probation and never drive again.
MORGAN HILL – An emotion-filled and packed courtroom listened Tuesday as Santa Clara County Judge Edward Lee announced his decision that Charles Spear would spend four years in state prison followed by three years of probation and never drive again.
Spear, 37, of Morgan Hill, pleaded no contest to charges of vehicular manslaughter with gross negligence and reckless driving causing bodily injury in the death of Rosalie Pena, a member of the family that owns the Sinaloa Cafe.
The empty jury box contained the only open seats in the courtroom, which was filled with family members and supporters of both Pena and Spear. Because of his no-contest plea, which is the equivalent of a guilty plea except in a civil case, a jury was not convened to determine his sentence.
Tissues and handkerchiefs were in abundance as Pena’s brother, Steve Pena, came to the podium to talk about his sister. Tears were shed by many during the approximately two hours of statements by family and friends. Seven people, including Spear himself and his wife, Christina, spoke in support of Spear.
Because Spear has already spent 86 days in jail and gets credit for 42 “good behavior” days, for a total of 128 days, he will likely spend less than two years in prison. He will have to pay an $800 fine, but the full amount of restitution has not been determined.
“We certainly understand why the judge would give him four years, instead of six,” Ofelia Pena McCain, Rosalie’s younger sister, said after the hearing. “But the actual time he serves will be less than two years. Does that make up for the loss of my sister? No. I feel for his (Spear’s) family, and I know this has been an extremely difficult time for them as well, but Daddy will be coming home. Rosalie won’t be coming home.”
Deputy District Attorney Kevin Smith said he also understood the sentence, even if it was not the maximum penalty he had requested.
“This was a difficult case,” Smith said after the sentencing in the county court complex in San Martin. “I am pleased that at the very least, the judge did not minimize the affect on the community of Rosalie’s loss. From all accounts, she was a wonderful person.”
The accident that killed Pena, 50, of Morgan Hill occurred on Aug. 6, as Spear was driving from San Jose to Morgan Hill.
The collision occurred at approximately 5:11 p.m. Pena was pulling slowly off the side of the road, onto the right shoulder behind a trailer that had been dropped from its truck and was parked on the side of the road, according to William Camp, the only witness called to give evidence during the hearing. The Yukon swerved from the left lane, Camp said, to the side of the road directly into the Volvo, pushing it into the rear of the trailer.
The Yukon became airborne on impact, flipping several times before landing sideways, spinning, Camp said. Pena’s Volvo spun around and came to rest against a telephone pole. Pena was pronounced dead at the scene. A passenger in Pena’s vehicle and Spear were transported to the hospital.
During the prosecution statement, Smith told the court that Spear had attempted to take his life because he was fired from his job and because of the reasons he was fired from his job. He had apparently taken Ibuprofen before leaving San Jose in an attempt to kill himself.
Toxicology reports from a private lab reported traces of the drug in his system.
“The callousness of the act,” said Smith, is the reason the maximum penalty of six years was sought. “What is callous about the act, is that he was driving recklessly down Monterey Road, at rush hour on a weekday, running red lights and tailgating, and by all appearances driving this way deliberately.”
Defense attorney Kip Davis said Spear was remorseful.
“From the beginning, it has only been his wish to take responsibility for his actions,” Davis said.
Davis denied that Spear used his vehicle to try to commit suicide.
