San Jose man pleads guilty in hit-and-run that seriously injured 8-year-old boy
By Mark Gomez and Lisa Fernandez




Posted: 08/07/2009 01:12:02 PM PDT
Updated: 08/07/2009 10:08:00 PM PDT



Marvin Rogelio Martinez of San Jose pleaded guilty to the hit-and-run accident that... ( John )«1»The man who smashed his car into a San Jose boy and his father as they walked to school in January and then drove away pleaded guilty for his role in the hit-and-run collision and will spend no more than two years in prison.

Marvin Rogelio Martinez, 20, of San Jose, a grocery store worker with no driver's license, agreed to the court offer last month, according to the Santa Clara County District Attorney's Office. He is scheduled to be sentenced Sept. 1.

Prosecutors originally filed six charges against Martinez, who struck Alejandro "Alex" Casillas, 8, and his father as they walked across Story Road. The collision left Alex in a coma and the boy spent about two months in the hospital before returning home. Alex remains in a wheelchair and is slowly recovering.

"That's it?'' said Alex's aunt, Minerva Cárdenas, when she first learned of the plea agreement today from the Mercury News. "For such a tremendous amount of damage that he did to the whole family, I'm surprised at how little he's getting.''

Had Martinez been found guilty on the original six counts, he would have faced a maximum sentence of five years in prison, according to district attorney spokeswoman Amy Cornell. As part of a negotiated settlement, prosecutors allowed Martinez to plead guilty to two of the four felony counts — hit-and-run accident resulting in injury or death and reckless driving causing injury to a person — with a two-year prison sentence.


Cornell said the judge will order Martinez to pay restitution to Alex's family.

"When we considered all factors and circumstances of this case, we determined a two-year prison term would be an appropriate early disposition for Mr. Martinez," Cornell said. "This has been very tragic and understandably difficult time for the family, and we have remained in contact with them through the entire process."

San Jose police previously said Martinez was an undocumented immigrant from Honduras who was at large for four days before he was brought to police headquarters, interviewed and booked on a charge of felony hit-and-run. Investigators found Martinez at the Suvianda Market on Story and White roads, where he worked, after anonymous tips from the public.

A spokeswoman with U.S. Immigration and Customs Enforcement confirmed Friday that there is in immigration hold on Martinez, which means he will be turned over to federal authorities upon his release from local custody.

Cárdenas said Alex's parents, Teresa and Alejandro, are more focused on the boy's recovery than on holding grudges against a hit-and-run driver.

Alex's family believes that his improvement is a miracle. He was in a coma following the hit-and-run, and doctors told relatives they didn't think he'd ever walk or talk again. Though he's using a wheelchair, Cárdenas said her nephew is now talking more audibly.

Earlier this summer, he was getting pushed to his old school, Mildred Goss Elementary, for a ceremony to celebrate him. At the last minute, Alex announced that he didn't want to go, his aunt said, and he never made it to the celebration. His family believes just approaching the school reminded him of the fateful day he was struck by the car as he was on his way to school to win a punctuality contest.

"That was the first time that he asked, 'What happened to me?' " Cárdenas said. "It was very sad. His mother told him everything.''


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