The driver of a car involved in an accident that resulted in the
death of Rosalie Pe
ña, a member of the family that owns the popular Sinaloa Cafe,
pleaded no contest Thursday in Santa Clara County Superior Court in
San Martin.
The driver of a car involved in an accident that resulted in the death of Rosalie Peña, a member of the family that owns the popular Sinaloa Cafe, pleaded no contest Thursday in Santa Clara County Superior Court in San Martin.
Charles Spear, 37, of Morgan Hill, was charged with felony vehicular manslaughter with gross negligence and reckless driving causing bodily injury and has been in custody since Sept. 5 when he surrendered to Morgan Hill police.
The accident occurred at 5:11 p.m. on Aug. 6, when Spear, driving a GMC Yukon allegedly at a high rate of speed southbound on Monterey Highway just north of Peebles Avenue, crashed into Pena’s Volvo. The Volvo was parked on the side of the road, and the impact pushed it into the back of a parked commercial trailer.
Peña was pronounced dead at the scene. Spear was airlifted to San Jose Medical Center with major injuries.
A passenger in Pena’s vehicle, Martha Casteneda, 51, of Morgan Hill, suffered serious injuries in the accident and was also taken to San Jose Medical Center. She was released several days later.
Spear faces up to six years in prison, but according to Deputy District Attorney Kevin Smith. The actual sentence could be substantially less.
A formal public sentencing hearing will be held in Dept. 90 of the Santa Clara County Superior Court in San Martin on Nov. 25 at 9 a.m.
Judge Edward Lee will preside. He will hear testimony from anyone who wishes to speak for or against the charges or about the victim. Spear will also have an opportunity to speak if he chooses.
The judge will likely make the sentencing decision on the same day, Smith said.
“In between now and (the hearing) the probation department will conduct its own investigation and should come up with a sentencing recommendation before the hearing,” he said. “The judge will have that to consider, along with any testimony from the hearing, and should be able to make a decision at that time, although he could wait until later in the day.”
Smith, who said he will meet with Pena’s family next week to explain what to expect during the hearing, said a toxicology report showing Spear had ibuprofen in his system at the time of the accident had been released.
“But we are still trying to figure out how that could have affected him legally,” he said.
When a defendant in a criminal case enters a no-contest plea, it means that he is not admitting guilt but is stating that he will offer no defense. The person is then subject to being judged guilty and punished as if he had pleaded guilty or had been convicted. The principal difference is that the defendant retains the option of denying the same charge in another legal proceeding.
