. . . ridiculous. Beyond my comprehension.
Kelly Tracy was 16 years old when Manuel Contreras-Galdean got behind the wheel of a car at 6:30 in the morning with a blood-alcohol level over twice the legal limit.
He murdered an amazingly talented, bright and caring young lady. He brought unimaginable pain and suffering to hundreds of Kelly’s friends. Very few can even remotely comprehend the suffering he inflicted on Kelly’s family.
Kelly was a member of my daughter’s High School marching band. My wife and I were volunteers with the band the morning Kelly was killed and we were present in the room when her band mates were informed of her tragic death.
Almost a year later I still can’t think of that day without crying.
Yesterday the Arizona Republic reported that Contreras-Galdean pleaded guilty to one count each of manslaughter and aggravated assault for his actions that day. A Maricopa County Attorney’s Office spokesman said he will face a 10½ year prison sentence for each count.
And he will serve those sentences concurrently.
In other words, he serves his two sentences together, as opposed to consecutively (or “back-to-back”) as had been previously discussed.
In other words, Manuel Contreras-Galdean will spend only 10½ years in prison for killing Kelly and hurting her brother.
10½ years.
For killing a 16 year old. A completely preventable tragedy. He chose to get drunk that morning. He knew the consequences (this was his third or fourth arrest for DUI). He gambled with Kelly’s life and she lost.
And he gets 10½ years.
Assuming he serves the full sentence, he’ll walk out of prison when he’s 42 years old. On that date, Kelly would have been 26. Twenty-six.
He will have another 40 or so years of freedom to enjoy when he gets out.
Kelly’s friends and family will only have memories. And thoughts of what could have been. And they’ll go through agony every November 15th, the anniversary of Kelly’s senseless and tragic death.
10½ years? That’s the value our society places on a human life?
In a post I wrote the day after Kelly died I said, “If he gets out of prison before he dies then a travesty of justice will have been served. I know I should be able to forgive him, but I can not. I’ll leave that to a higher and greater power.”
Well, a travesty of justice has been served. This “man” should rot in prison.
But he’ll be out in 10½ years.
Assuming of course he doesn’t get early release or time credited for “good behavior”.
10½ years.
It makes me physically ill.
Rest in peace Kelly. You accomplished more in your short life than the animal that killed you could ever dream of doing. Your smile will shine on forever.
.
The Phoenix Real Estate Guy was started by Jay Thompson, and I have a little blogging problem... he liked to say...
The problem is our system treats death by drunk driving as an accident. If a person gets behind the wheel of a car, drives drunk, and kills someone it should automatically be considered intentional homicide and be subject to the same penalties as shooting someone point blank without provocation. Obviously Kelly did nothing whatsoever to provoke being killed and Manuel did nothing to prevent using his car as a lethal weapon so how is what he did to her anything different than 1st degree murder? Our laws need to change dramatically so we stop making excuses for drunk drivers who kill.
Hey Jay This is something that most people would agree with you.It is a tragic that should be prevented by more severe consequences. In Canada for example you IMMEDIATELY lose your license once charged, it is a criminal record FELONY (if you try to travel to Canada from the US you will be denied entry because you are a felon) and the lifetime cost in Canada of a DUI is 50-60K. In America you just get a lawyer to beat the system if you have about 5-10K, you don't immediately lose your license and even if you are found guilty the cost is about 10-15K with no lifetime record. This I believe is unfair because when you drive drunk you are not only playing with your own life you are putting other innocent people in danger. My philosophy in life is as long as you are not posing any danger to society you should be allowed to do whatever you want as you already can in America. However the moment you are posing harm there should be more severe consequences.
Jolenta, Matt – agreed with both of you. . .
I agree here with the point that our law needs a serious amendment. We cannot ignore the drunk drivers who are killing people brutally and getting negligible punishments.
A very sad story. A repeat DUI offender indicates a complete disregard for the public's safety.
I agree, this is a bit crazy. Everybody deserves a second chance especially if it was because he was drunk :s
I agree, this is a bit crazy. Everybody deserves a second chance especially if it was because he was drunk :s (sorry first comment was an error)
drive high on marijuana not drunk…
We are so sorry for your loss – it did not have to be that way- these men and women driving drunk need long term treatment. http://www.soberliving.com
Even there are number of ways to prevent drunk n' driving. They find new ways to over come this issue. If only the punishment are stronger the possibilities will decrease. Really a sad story.
Hello, I am so sorry about Kelly. Perhaps you could help me with another DUI accident, the one where the truck driver hit the bicycle rider Russell Jenkins on August 15, 2009 in Queen Creek?
Thank you
If the guy is truly a murderer, meaning that he fully intended to kill someone, then he should get worse than 10 or 20 years in prison. He should face the death penalty. But my guess is that he's in a different league from the DC Sniper, Timothy McVeigh, or even that guy that murdered Anne Pressly. Those people killed to kill: they were prepared to do it, they planned to do it, and killing was their point. This guy was stupid, careless, stole a life, and caused immeasurable pain, but I doubt he got behind the wheel fully intending to weaponize his car and use it for murder that morning. If he has any conscience at all, he has something nearly unbearable to live with for the rest of his days. If he can be rehabilitated during his prison term – regardless of length – and can convince just one other person to not do the same dumb thing he did, then it's worth it. As a citizen I would rather *not* pay for this guy's incarceration for 20 years if 5-10 of prison+rehabilitation and an indefinite commitment to enlightening others accomplishes *more* for *society*. Prison *should* be a place to detain people that are unfit for society (this guy currently is) while they are being rehabilitated for their eventual release. It should *not* be a place to let stupid people (like this guy) become criminal, demoralized, hopeless, broken, and ripe for more of the same – or worse – when they get out. All this tough talk about massive sentences will be just that in 20 years when this worthless shell of a man hits the bottle, gets behind in the wheel, and kills someone else: it's just tough talk. Then he'll get a death sentence maybe, but will it have been worth the extra life he took and the huge expense to taxpayers for paying for an incarceration that ultimately had no benefit for society? No. It won't. But that's the path we're on.
I feel sorry for this girl's family and friends, I really do. But there needs to be a change in philosophy of punishment for criminals. We're snowballing in a bad way. We're letting vengeance for a few turn prisons into factories for criminals, and it's morally and economically bankrupting our society one crime at a time.
Excellent and thought provoking comments. I'm WAY too emotionally involved in this particular incident, and have a very difficult time seeing past some things. I want the guy to rot in prison for what he did to Kelly, her family and her friends.
But, you do make some very valid points. Thanks for sharing.
Jay,
I'm extremely sorry for your loss first off. I'm writing to you fom a different point of view. I believe, deep down, you need to hear this. I myself was a drunk driver who caused an accident. I myself was a hopeless drunk. I myself had issues that no legal system devised was going to help. I myself was HOPELESS.
I need you to know people do change, learn, and grow. I need you to know this man who killed your loved… is inherently and im sure deeply sorry. Theres not a day that goes by he doesnt think about your loss. Especially through his forced sobriety. I DO NOT KNOW THIS MAN
I dont know whats right and whats wrong in this case…. but I will assure you he got atleast double the sentence he would have gotten in 48 other states (excluding AZ and NM) I can also assure you that there is not one person in the entire world who is not affected by this DISEASE! People can Change. I hope you can find it in your heart to forgive this man. I know there is not a day that goes by that I dont pray for forgiveness. Theres also not a day that goes by that I don't remember exactly what I lost that day. Which was everything! Thank you for your time and I hope today brings great things.
J –
Thank you for sharing your story. As I mentioned in the comment right above yours, I am too emotionally involved in this and have a hard time getting past my anger, and sadness.
You bring a different perspective to this that to be honest, I hadn't considered. But I will. I go to Kelley's school, I see her band mates and I drive by the intersection where the accident happened all the time. It's hard to forgive.
It might be easier if he would admit what he did, and stop blaming everyone but himself (that was in a different post and not mentioned in this one. After this was written, he retracted his plea and drug things out, never admitting responsibility for what he did. It was almost six months after this was written that he was finally sentenced. See this post for details).
But I'm trying to forgive. I'll work harder on it thanks to your comment.
Thanks for stopping by and taking the time to tell your story. I wish you well.