Driver won’t go to jail for being high on marijuana and killing bicyclist on Fresno road
A 24-year-old Fresno woman who was convicted of driving while under the influence of marijuana and killing a 69-year-old bicyclist in 2019 was sentenced Tuesday to two years probation and 180 days of house arrest.
Korina Machuca pleaded no contest to vehicular manslaughter while intoxicated without gross negligence as part of a plea agreement with prosecutors in June.
On Tuesday, Machuca stood silently before Judge Leanne Le Mon as the judge explained her punishment. Le Mon reminded Machuca that she was not going to impose any prison time in large part because she had no criminal record and was remorseful. But she also wasn’t going to allow Machuca to avoid responsibility.
As part of being on probation, Machucha must wear a global positioning system device to track her movements. Machuca is also forbidden from entering into bars, drinking alcohol and smoking marijuana.
Le Mon sentenced her to 180 days in jail but is allowing her to serve that time on home detention.
Machuca must also pay $7,500 to the California Victim Compensation Board and complete 26 days on the adult offender work program.
The judge wanted Machuca to know that the victim’s family, who were not present during the sentencing, had forgiven her and hoped she was on a better path in life.
After the hearing, Machuca said there isn’t a day that goes by when she doesn’t think about the crash and the victim, 69-year-old David Garcia of Fresno.
“I am very thankful that they (victim’s family) want something better for me,” she said. “I literally can’t tell them enough how sorry I am.”
Machuca’s attorney Mark Coleman said his client faced a maximum of four years in state prison had things gone differently and she was convicted by a jury.
Police said the crash happened on Oct. 22, 2019 at about 9 p.m. Machuca was traveling northbound on Cherry Avenue, south of North Avenue in a 2014 Nissan Altima.
Garcia was heading northbound in front of the Altima when he was struck from behind by Machuca, according to a California Highway Patrol report. He died at the scene. After the impact, the Altima veered off the roadway and struck a chain link fence.
Coleman said that while Machuca failed a field sobriety test from the California Highway Patrol, the results of a blood test showed she was negative for the active ingredient found in marijuana.
Machuca said she is currently unemployed and looking for work.
Her plan is to go back to Fresno City College and then transfer to Fresno State where she would like to earn a degree in psychology.
This story was originally published September 14, 2022 at 5:30 AM.
