Attempt to resolve USC hit-and-run case fails

An attempt to resolve charges against a husband and wife accused in the hit-and-run death of a USC student earlier this year broke down Friday when the couple rejected a deal that would have sent them to prison for several years.

Under the proposal, Josue Luna would have been sentenced to six years in prison and his wife, Claudia Cabrera, to four years, a defense lawyer confirmed.

Attorney Jeffrey Benice, who represents Luna, said his client is willing to serve more time than he ordinarily would in return for a reduced sentence for his wife. But he said the proposal made by prosecutors was unacceptable. Authorities say that Cabrera was driving and Luna was a passenger when their car ran a red light and struck Adrianna Bachan and Marcus Garfinkle at a crosswalk near USC on March 29. Bachan, 18, was killed.

Garfinkle, 19, was badly injured. Police said witnesses saw the passenger remove Garfinkle from the hood of the car before the vehicle sped off.

“Today we expected these people to take responsibility for what they’ve done, and we’re so disappointed that they haven’t,” Bachan’s older sister, Alexandra, said through tears. “Six and four years is nothing compared to the life sentences that my parents are serving in their grief.” Benice said the rejected offer included a longer sentence than the maximum four years in prison that his client would serve if he were convicted at trial.

The couple have no prior criminal convictions, he said, adding that they are willing to accept prison sentences of two years for Cabrera and four years for Luna. “The end resolution has to be just,” Benice said. “The D.A. made a proposal today that was unacceptable.” A district attorney’s spokeswoman said she could not comment on the negotiations.

--Jack Leonard

Comments

[Sara Rice]

Where is the resolution of Justice for the woman that was struck and thrown off the car? The defense lawyers says because Luna and Cabrera had no priors, the sentence should be fair? Where is the fairness for the woman that those two cold blooded, heartless killed? Those two should be punished!

[unbelievable]

Who determines who get plea deals or not? My son had a case where no plea deal was offered and he had no choice but to go to trial and put his trust in a jury that was hell bent in getting it over with as early as possible on a Friday and came back with a guilty verdict within 30 minutes on case built on circumstantial evidence (victims said he didn't do it). This woman runs over 2 people, one person dies and her husband gets out and removes the other seriously injured party from the hood of the car and they are offered 6 and 4 years. INCREDIBLE! Obviously my son's lawyer was incompetent because my son got 3 years for aiding and abetting (which is the same as doing it according to the law) for a robbery in Torrance (you all know what that means). Apparently we place more value on money than lives. What a fine system here in California that inconsistently metes out justice!

[unbelievable]

I forgot to add my son had no prior criminal convictions as well.

[Asim]

Why aren't these murderers given the opportunity to plea deal? And how come they are just charged with vehicular manslaughter when a) They have expressed no remorse, and b) They removed the body of one of the victims and sped off instead of offering aid.

These two low-lives belong in the prison for way longer than 7 years max that was offered to them.

[Afreequeen]

This mother shows why these two criminals have no souls, why they ran. This was no accident, they deliberately left those people to die. The mother should be ashamed of what came from her body.

[Kelvin]

1 year in prison (because that's what a 2 year sentence means) is hardly "taking responsibility" for this callous, cowardly and cold hearted crime. A young girl died and a young man was left for dead after being removed from the windscreen, and the pair fled into the night. They did not come forward later, they hid. They're not taking responsibility, they don't know the meaning of the word.

Frankly, I am disgusted at the offer made by the DA. Put 12 citizens in the jury box and let justice take it's course,

[ucla girlie]

Shame on these people.
How do they sleep at night? They need to be accovntable for their actions and accept the conseqvences of those actions.
They deserve the max sentence vpon conviction.....

[Akbar]

I'm a USC student and I know that what happened was a tragedy that should have consequences. But it was an accident and people have to remember that. Unfortunately Luna's complete disregard for Marcus' life aggravates our sensibilities. Had they helped him by calling an ambulance before fleeing they would have served themselves well; as it happened they demonstrated no concern for the lives of the people they hurt through their reckless and careless actions.

But every story has two sides and I hear that these two people have a child. The kid isn't served well by having both his parents sent to jail for several years. Fact is Adrianna isn't coming back...there's no need to ruin another child's life for want of retribution. The punishment metted out for Luna and his wife shouldn't punish their kid, but that's a ****ty pipe dream: he, the two offenders' baby, will be the big loser in this ongoing tragedy.

[reynaldo]

Claudia Cabrera should get the death penalty--and Josue Luna life without the possibility of parole. They're a pair of low-life murderers. I feel almost as sorry for their young son as I do for the family of the murdered young woman and the family of the critically injured young man.

[john hauter hauter]

wreckless driving , assault with a deadly weapon and scraping the badly injured person off the car instead of stopping and helping the victim....these miserable beings don't fit the description of human beings and should be caged for life to protect the rest of society....

[WestSiderRider]

"...they are willing to accept prison sentences of two years for Cabrera and four years for Luna." Two years for Cabrera? That is unacceptable to me. She is a murder who has earned a much longer sentence than a measly two years. Not only did she kill one person and seriously injure another by running a red light, she fled the scene of the crime. How heartless can a person be? I'm glad that she rejected the plea deal so she may now get sentence to more than just 4 years in prison for her disgusting actions.

[guest]

claudia and josue are the victims now. why does everyone want to be so hard on THEM. they deserve more leinency.

[Chunkdog]

Runs a red light, commits hit-and-run, kills a person, removes the other victim from the front of the car, then speeds off?

I'm not sure which is worse--that the offer is 6 and 4 for all of these crimes or that the couple (and their lawyer) thinks that the sentence is too harsh.

[Belinda Gomez]

When will a photo of Cabrera be released? These two should be so ashamed of themselves. Can't wait for the civil case.

[James R. Hawfa]

With Cali's penal system, they would be released in 3 and 2 years after being paroled. 3 yrs for murder? Unreal!

Give them the max or deport them back to the deepest bowels of Mexico.

[Thomas Elliott]

What a novel idea to let the defendant's dictate what sentence they feel is appropriate. I didn't know that our justice system worked this way. I may decide to go into that life of crime that I have been considering since the economy turned south. Plea bargaining has a place, but I feel it should be on the prosecution to decide if, and when a deal is appropriate. In cases where the evidence may be a little weak, or for other legitimate reasons, a plea arrangement may be the best result. However, in this case, since it appears that there are witnesses, etc, and a pair of non-remorseful suspects, then I believe the justice would be best served placing them under the microscope of a courtroom setting and allowing a jury to decide their fate. Especially after the despicable actions of Luna, who allegedly removed one of the victims from the hood of the vehicle before leaving the scene. Perhaps if they had stopped and waited for the authorities to appear I would have a little sympathy.

[Adriana]

This is a very sad tragedy for all parties involved. Not only did the Bachan family lose their daughter but the Cabrera-Luna kids (5) also lost their mother and father. We have all heard the Bachan family speak about their loss and tragedy, but we have yet to hear from the devoted school teacher, daughter, sister, wife, and loving mother of five.

The Media and everyone else is portraying Cabrera and Luna as heartless and cruel criminals who intentionally committed a crime. This was an accident.

Anyone who knows Cabrera and Luna knows that they would have NEVER committed such monstrosity on purpose.

Everyone needs to stop saying and writing what they think they know and learn the facts before they post and ignorant comment on the web or on the media. Both Cabrera and Luna are US Citizen, born and raised in Los Angeles , CA . This was an ACCIDENT!

Cabrera and Luna are both good people and are also very sadden by the whole situation.