Fresno man won’t go to prison for single-car crash that killed friend in 2017
Dominick Rocha could have been sentenced Monday to four years in prison for the 2017 single-car crash that killed his friend 18-year-old James “Jimmy” Cabrera, but he won’t be serving a single day in prison.
Rocha walked out of the Fresno County courthouse with several family members at his side, having racked up more than enough time credits while on pre-trial release.
The abrupt end to Rocha’s case came as a crushing blow to Cabrera’s family.
“This is just heartbreaking,” said Cynthia Cabrera in court. “My son was killed by Mr. Rocha. All the evidence was there. This has all become about time credits.”
The California Highway Patrol’s investigation found that Rocha, who was 18 at the time, was traveling west on Copper Avenue in a 2001 Chevrolet Malibu when he lost control and ran off the roadway east of Minnewawa Avenue around 9:20 p.m. on Sept. 3. The Malibu hit several fence posts and an aluminum gate before striking a dirt embankment, causing the car to flip on its side.
The CHP said Rocha was able to get out of the car and remove Cabrera, who later died at the scene.
Rocha was charged with two felonies, gross vehicular manslaughter while intoxicated, and DUI causing injury while under the combined influence of alcohol and a drug. He was also charged with three misdemeanors, including two counts of possession of a controlled substance and driving without a valid driver’s license.
In May, Rocha pleaded no contest to gross vehicular manslaughter and the remaining charges were dropped. He was due to be sentenced last week, but there was a sticking point on how time Rocha had accumulated while being on pretrial release.
Judge Arlan Harrell indicated his sentence would likely be four years, based on several factors including Rocha’s young age and his lack of criminal history.
Rocha’s attorney David Munoz argued that his client had accumulated more than enough time credits, including conduct credits, over the past several years waiting for his trial. As part of his pre-trial release, Rocha had to wear a GPS monitor and stick to a curfew.
Ueltzen tried to convince the judge that Rocha was not entitled to all of the credits his defense attorney said he earned. He said there were 100 violations during a 14-month period while Rocha was out of jail.
“We were told he had a curfew, but there is no evidence he abided by that,” Ueltzen said.
Ueltzen also told the judge Thursday, that if he approved the time credits, Rocha won’t serve any prison time. The judge appeared to be caught off guard and delayed making a decision until Monday.
“I try to make my decisions in compliance with the law and what is just,” Harrell said Thursday. “I do not believe it is just for Mr. Rocha to serve no additional time. I should have paid more attention to the time credits.”
After reviewing recent court of appeals’ decisions on the issue of time credits, Harrell pivoted Monday and said Rocha had earned enough time credits to wipe out his four-year prison sentence.
Harrell said that under certain circumstances the law does consider being on a GPS monitor while on pre-trial release does amount to custody time.
“And the court is required to accept those time credits,” Harrell said.
Rocha’s girlfriend and the mother of his child, Cierra Ciavaglia said she is thankful the case is over. She said Rocha still struggles with memories of the crash and the loss of his friend.
“I am glad he is going to be home with his baby,” she said Monday. “He now has a second chance to change things.”
