Thread: CA-Injured 8-year-old,to see hit-and-run driver sentenced

Injured 8-year-old San Jose boy wheeled into court to see hit-and-run driver sentenced
By Lisa Fernandez


lfernandez@mercurynews.com

Posted: 10/06/2009 05:34:45 PM PDT
Updated: 10/07/2009 03:15:04 AM PDT




After a hit-and-run driver barreled into 8-year-old Alex Casillas in a crosswalk as he hustled to school one January day, doctors doubted he would survive.

But there he was Tuesday in a San Jose courtroom, using a wheelchair, with both his legs in green casts, a feeding tube beneath his Watchmen T-shirt, facing the driver of the Nissan Sentra for the very first time.

As his parents wept, Alex watched Judge Rene Navarro sentence Marvin Rogelio Martinez Jr. to 16 months in prison as part of a plea deal. After serving his prison time, the undocumented immigrant could face deportation back to his native Honduras.

Eight months ago, the idea of Alex even leaving the hospital looked grim. Doctors warned his parents the boy might never emerge from a coma, much less walk again or speak. His struggle to recover has inspired even strangers who have reached out to his family and spurred donations to Alex and his parents, who tried for 14 years before conceiving their only child.

And his curiosity about the man behind the wheel of that Nissan led him to court.

"But he wants to see this man," Alex's aunt, Minerva Cardenas, said before Tuesday's hearing. "After the accident, he was asking his mom, 'What does he look like? Is he old?'"

The moment Martinez walked into the courtroom, Alex kicked his right leg forward several times and began grunting to his parents. Cardenas said earlier that her nephew understands what is happening around him, but he can't walk and is unable to clearly speak.

The hit-and-run occurred as Alex and his father, Alejandro "Alex" Casillas Sr., were walking to Mildred Goss Elementary, Alex anxious to get to class early to win a punctuality award.

"This act destroyed my family," the elder Casillas told the judge in a victim's statement translated by an interpreter. "This event ended the hopes of my son and ended the hopes of my family. This is the only son we have."

Casillas told Navarro that "whatever you decide is a decision well made, but there won't be a time that we can ever repair the damage done. I don't know if my son will ever completely recover."

At that point, Deputy District Attorney Deborah Medved handed a box of tissues to a sobbing Teresa Rosas, who quit her job as a hairdresser to care for her son. Martinez turned to face Alex, his parents and aunt. Just a row behind, Martinez's own family — including his father, Marvin Sr. and 11-year-old brother, Brian — was crying.

Then it was Martinez's turn to speak.

"I'm awfully sorry for what happened," he said, also through an interpreter.

Martinez was speeding and ran a red light before he smashed into Alex and his father. The 20-year-old grocery store worker said it was a grave mistake to leave the scene and not to have helped Alex.

"If I have to work all my life, it would not be sufficient to pay all I have cost, he said."

Alex was in a coma after the accident, and although he has slowly improved, he must be cared for around the clock. He can communicate, but only his parents are able to understand his whispers and grunts.

Getting Alex to the courtroom Tuesday was a big undertaking for his family. He doesn't go out much. Once, he was invited back to his school for a celebration. But as he was being wheeled there, he told his mother he couldn't handle it and they returned home before seeing any of his old friends.

On Tuesday, he was determined to finish his journey. His parents dressed him in a black Watchmen T-shirt and long khaki shorts. His father carried him from the house and placed him gently into the car. Both his parents took pains to make sure the feeding tubes inserted into their 8-year-old's stomach were not jarred.

"This is a big deal," Cardenas said. "Alex has to try to be in a good mood. He's in pain. He's still wearing a cast on both legs. But he wants to see this man."

During Tuesday's sentencing, Rosas clutched her son's hand, occasionally wiping his nose and mouth, other times tickling his chin when he appeared to be in pain. She leaned his head back against the wheelchair's headrest to make him more comfortable.

During the hearing, they learned that Martinez was on the way to pick up his sister to drive her to school. After the accident, he hid his damaged Nissan Sentra, later changed the windshield and told friends he might have to flee back to Honduras.

San Jose police tracked him down four days after the hit-and-run at the grocery store where he worked. Martinez was originally charged with six counts that could have landed him five years in prison. But in August, he shaved three years of that possible sentence, pleading guilty to two felonies: hit-and-run resulting in injury and reckless driving causing injury.

The U.S. Immigration and Customs Enforcement said there is an immigration hold on Martinez. When he completes his prison term, he will face immigration hearings, and possible deportation.

Teresa Rosas told a sister that after seeing Martinez's family in tears Tuesday, she feels no anger toward the driver. She said his family members are victims, too.

http://www.mercurynews.com/ci_13500248? ... k_check=1#

She said his family members are victims, too.

Probably also IAs.