The killing of a 5-year-old boy who was crossing a street
legally, with the light demands that a debt be paid to society. But
it’s still a difficult case
For the first time, a Dispatch Web opinion poll shows a precise 50-50 split. Exactly half of respondents think that Robertina Delgado Franco should serve jail time for accidentally running over and killing Brayan Trejo last June. The other half does not think jail time is appropriate.
The editorial board will leave the question of deciding an appropriate punishment up to the judge. The negligence and carelessness inherent in the act of killing a small child who happens to be crossing a street legally, in a cross walk, with the light, is a crime against society. A debt to society is owed. Society, in the person of the judge, will decide whether jail time or community service or a combination thereof is the best recompense for the crime.
In the meantime, the grief and rage of the Trejo family remain unassuaged. Their son is dead. The woman who killed him remains at large, unpunished.
In a perfect world, Ms. Franco could cry and beg for forgiveness and send flowers. Our justice system is far from perfect. If she has consulted an attorney, she has no doubt been warned that any such admission of culpability would be seized upon by civil lawyers to strip her of all assets. The legal system can make inhuman monsters of us all.
But it is the only justice system we have, and in spite of all its faults, a child is dead, and justice must be served.
Robertina Delgado Franco was released at the scene on the afternoon of June 27. Now, finally, a $7,500 arrest warrant has been issued. The district attorney’s office will charge Ms. Franco with one count of misdemeanor vehicular manslaughter without gross negligence, which carries a maximum penalty of one year in county jail.
Ms. Franco should self-surrender immediately. Seven weeks ago, a child’s life was snuffed out. Seven weeks should be plenty of time to get one’s affairs in order, to prepare to face the consequences of one’s carelessness. The wheels of justice grind slowly … the sooner they begin grinding, the better for the Trejos, and for all of Gilroy.
