It
’s hard to make a case that Robert Orabuena has been treated
fairly since his involvement in a fatal traffic accident over the
Fourth of July weekend in San Benito County.
It’s hard to make a case that Robert Orabuena has been treated fairly since his involvement in a fatal traffic accident over the Fourth of July weekend in San Benito County.
Joseph Judnick, 48, a former Morgan Hill resident, was killed when his motorcycle slammed into the side of Orabuena’s van on Fairview Road.
The 41-year-old Orabuena, a Gilroy resident, was then jailed for more than a month in lieu of a $1 million bond while facing second-degree murder and gross vehicular manslaughter charges for allegedly driving under the influence of marijuana at the time of the tragic crash.
Imagine sitting in jail facing the possibility of 25 years to life in prison and knowing that you were not under the influence – and had actually tried to save the victim by administering CPR at the gruesome scene.
A series of blood tests finally cleared Orabuena of driving under the influence of drugs or alcohol and he was able to post bond when it was dropped to $30,000.
However, he lost his job at Charter Communications and still faces a long list of charges, including gross vehicular manslaughter and several misdemeanor charges, which could still net him 15 years in prison if convicted.
Why? We’re not sure. Recent tests supplied by defense attorney Arthur Cantu showed that the victim may have been speeding on the borrowed Harley-Davidson. The California Highway Patrol tests are even at this late juncture are pending although the CHP has said there wasn’t enough of a skidmark to determine Judnick’s speed.
Questions have been raised about Orabuena’s prior record for felony battery. There have also been charges of racism because Orabuena is Hispanic.
We feel that the fact that he has a criminal record is not just cause for anything other than sentencing guidelines if convicted. The presumption of innocence should apply, of course, even to convicted felons.
But no one should lose their job and sit in jail awaiting test results for 36 days – and still have further test results pending nearly two months later that will likely decide if the rest of the charges stick.
The DA’s office needs to take a long look at how this case has evolved and do its best to avoid it in the future. It should also look at the time involved in getting back test results, including those of the CHP.
Regardless of the outcome, it’s hard to argue that Orabuena has been treated fairly or anywhere near the spirit of the laws.
Tragedy is not an excuse to trample someone’s basic human rights and protection from undue process of the law.
