http://www.dfw.com/mld/dfw/news/local/16615094.htm

Courtroom moved as couple express anguish

By MELODY McDONALD
STAR-TELEGRAM STAFF WRITER



HERRERA

FORT WORTH -- It was a Sunday night in April, when Nirza Moncada and her husband noticed a man in a Dodge Neon with a flat tire.

Moncada persuaded her husband to pull over to help the stranded motorist.

It was a random act of kindness that nearly cost Moncada her life.

Minutes later, a drunken driver, whose blood-alcohol content was more than twice the legal limit, slammed into the Neon, trapping Moncada between the Neon and the guardrail.

Moncada's left leg was torn from her body.

"It amputated her leg at the scene," said veteran prosecutor Kelly Loftus. "It is a miracle she lived."

This week -- during a hearing that Loftus described as "heartbreaking" -- Moncada's husband, Andre Alvarez Macias, wheeled his wife through a packed courtroom to the judge's bench.

Through sobs, Moncada told state District Judge George Gallagher how one man's bad choices on the night of April 16 forever changed her life.

Gallagher sentenced Jose Felix Herrera, 27, to the maximum 10 years in prison for intoxication assault. Herrera must serve at least five years before he is eligible for parole and will be deported to Mexico afterward.

Both Loftus and defense attorney Albert Perez said this week that they hope that, if nothing else, the case makes someone think twice about drinking and driving.

"We hear it over and over again," Perez said. "But it's the truth, the whole truth and nothing but the truth. Don't drink and drive."

Before the wreck, Moncada and her husband had their whole lives ahead of them. They were both 20 years old. She was a waitress; he worked construction.

Now, Moncada is in a wheelchair and unemployed. Her medical bills have put the couple deeply in debt.

"All of their plans for the future were changed in an instant," Loftus said. "Mr. Herrera's decision to drink and drive cost her her leg and destroyed her future."

Officials said the couple were entering Loop 820 Northwest from westbound Jacksboro Highway in Lake Worth when Moncada spotted the stranded stranger and decided to stop and help him.

Herrera, whose blood-alcohol content was 0.19, was driving a two-door 1991 Honda on the way to pick up an uncle.

After Herrera's Honda slammed into the Neon, officials said Herrera ran and tried to hide under the Loop 820 bridge. Witnesses told Lake Worth police where he was, and they arrested him after finding him talking on a cellphone under the bridge.

In November, Herrera pleaded guilty to intoxication assault and agreed to allow Gallagher to assess his punishment. On Monday, the courtroom was packed with attorneys, courthouse workers and other defendants waiting to have their cases heard when the Herrera case was called.

During the short sentencing hearing, Herrera took the stand and, through a Spanish translator, asked for mercy. His attorney pointed out that he had no criminal history and had accepted responsibility.

"It was an unfortunate accident," Perez said Thursday during a phone interview. "They were good Samaritans and he came along and hit them. He was very remorseful and felt very bad about what happened to her. He was just sorry that he can't turn the clock back."

Loftus said that, after Herrera's testimony, the courtroom fell silent as Moncada's husband wheeled his wife to the front of the courtroom. Through a Spanish translator, Moncada tearfully told Gallagher that the wreck changed her future.

At one point, Loftus said, Moncada broke down and her husband tried to continue speaking on her behalf.

"To watch the husband wrestle to keep his composure as he talked about his wife's suffering was heartbreaking," Loftus said. "Each time you ask them about it, they just start clutching each other and sobbing."

Loftus said the people in the courtroom appeared deeply moved by Moncada's words. Many were also moved to tears.

"One of the only positive things is that all of those people heard the god-awful consequences of drinking and driving," Loftus said. "Just one time and you can destroy not only your life but others. When you hear something like that, it sticks with you.

"Who would have thought an act of kindness would end so tragically?"


--------------------------------------------------------------------------------
Melody McDonald, 817-390-7386 mjmcdonald@star-telegram.com
Everyone but the judge and attorneys appear to be ILLEGAL IMMIGRANTS in this story. But you won't find THAT phrase in this sob story from the pro illegal immigrant Star Telegram!