Garcia Moncada gets six years

By Jessica Musicar, Staff Writer
Saturday, February 02, 2008 | 53 comment(s)

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COQUILLE — He hit them, he didn’t stop and then he hid his pickup truck. And the next morning, he went to work.

It wasn’t until the story of the crash hit the paper and police began asking questions that Noe Garcia Moncada decided to flee to Mexico. And despite the numerous apologies Garcia Moncada made in court, Judge Martin Stone said the North Bend man showed no true remorse for the deaths of Dallas and Marilyn Vance.

“Clearly, there were two individuals that were injured as a result of that tragedy,” Stone told Garcia Moncada, 30, who stood before the court with interpreter Dori Schwartz and Public Defender Carole Hamilton. Drivers are required to stop and render assistance, the judge said. “In this particular case (you) failed to do so.

“I’m also convinced, based on what I read ... the defendant lacked sympathy for the victims of his criminal activity.”

After making these comments during a sentencing hearing Friday morning at the Coos County Courthouse, Stone sentenced Garcia Moncada to the severest punishment possible for striking and fleeing the site of an accident without providing aid to the victims — two consecutive 36-month sentences in the state penitentiary; a total of six years in prison.

Garcia Moncada will be placed on two years of parole and have a five-year driving suspension if he remains in the country. A citizen of Mexico, Garcia Moncada also faces deportation.

His charges stem from an Oct. 16 incident in which the Vances were run down in the parking lot of the Pony Village Mall by Garcia Moncada in his Dodge 1500 pickup truck as they walked to the Comfort Inn from the Pony Village Cinema. Garcia Moncada had just left work at a nearby Mexican restaurant when he hit the Springfield couple. They were both alive when emergency responders arrived at the scene. Marilyn Vance was pronounced dead at Bay Area Hospital. Dallas Vance was airlifted to Legacy Emanuel Hospital and Health Center in Portland, where he died on Oct. 21.

Garcia Moncada was arrested on Oct. 20, in Tustin, Calif., and on Dec. 21, he pleaded guilty to two counts of failure to perform the duties of a driver to an injured person.

In court Friday, Coos County District Attorney R. Paul Frasier said Garcia Moncada acted selfishly, thinking only of himself rather than for the welfare of the Vances.

“He was going on with his life as if nothing happened,” Frasier said.

This lack of concern was evident in Garcia Moncada’s actions and words, the DA said, including the fact that beyond failing to stop to render assistance, he didn’t bother to make an anonymous 911 call to get the Vances help. He lied to his brother and employer that he was heading north and instead fled to Mexico. And he made comments to law enforcement in California and Oregon after his arrest that indicated a lack of remorse.

“He almost made it (to Mexico). Had it not been for the excellent police work that occurred in the case, he would have made it,” Frasier said, noting if Garcia Moncada had reached the border, it would have been exceedingly difficult to prosecute him.

This lack of sympathy and concern by Garcia Moncada was the basis of Frasier’s argument for giving the man a maximum sentence and for the judge to overturn a demurrer submitted by Hamilton. A demurrer is a document or challenge a defendant can file against a pleading the state filed. It typically states that the indictment is somehow flawed.

Hamilton filed a demurrer against departure sentencing allegations on Jan. 15 to prevent her client from receiving more than a presumptive sentence of 16 to 18 months. One allegation that would allow Garcia Moncada to get a longer sentence was proving his lack of remorse. Hamilton said that the wording of the allegation was vague, and that his lack of consideration was inherent in the crime itself and he should not receive additional time because of it.

Frasier replied that she filed the demurrer in an untimely manner, as it is supposed to be submitted at the time of arraignment or as soon as possible, and that the wording of the allegation is not difficult for a reasonable person to understand.

“If you commit a crime and you don’t show remorse ... you are entitled to receive an enhanced sentence,” Frasier said.

Hamilton said her client was law-abiding for the most part, had no other criminal convictions, had a valid Oregon driver’s license and insurance, had waived extradition in California, had admitted responsibility and had no history of having ever been deported. She noted Garcia Moncada has been married 12 years, has four children who live with his wife in Mexico, was holding down two jobs prior to his arrest, loved to play soccer and was a good employee.

“He’s a young man who made a mistake, your honor. A bad mistake,” Hamilton told Stone. “This was a tragic accident.”

Hamilton then called up Maria Martinez, a friend of Garcia Moncada’s, who said he played soccer with her son. A coworker for two years, Martinez described Garcia Moncada as a good worker and friend.

“I’m very sorry for both sides, but he’s a very good person. I know that he’s never wanted to hurt anyone,” Martinez said.

Then, shackled and dressed in an orange Coos County jail jumpsuit, Garcia Moncada addressed the court. In a soft-spoken voice, he launched into a number of apologies translated by Schwartz. He first addressed the Vances’ family, who cried through much of the hearing. Members of Garcia Moncada’s family also attended the hearing.

“I’d like to ask them to forgive me. I’m very sorry for what happened,” he said, adding that the rain and the dark night led to the accident and that he never had a problem with the justice system here or in his home country. “I’d like them to not think that the person who did this was a criminal, a drug addict or an alcoholic.

“I’d also like to say that I understand the pain (of the family) of the people who lost their lives.”

Garcia Moncada said he was sorry for leaving the state and the inconvenience he caused the county and North Bend. He thanked his lawyer and his supporters, and apologized to all personnel involved in his arrest and subsequent proceedings.

“... Only God knows why this happened to us,” Garcia Moncada said.

The Vances’ daughter, Jodi Bundy, got up from her seat, walked through the courtroom and took the stand.

“I want to tell you what you have done to my family. You turned our world upside down,” Bundy told Garcia Moncada, her voice shaking with anger as she held back her tears. “You left them there to die, and then you went back to work as if nothing happened.”

She said she hoped he has sleepless nights like she does for what he did.

“I know that someday, that you will have to go before God,” Bundy said.

Her sister, Lori Ulm, cried when she addressed Garcia Moncada and the court. She said that while everyone understands the incident was an accident, fleeing the scene is against the law. She said her parents were giving people — her mother a PTA president and a Girl Scout troop leader; her father a retired U.S. marshal — that Garcia Moncada took from her. She added she didn’t care about Garcia Moncada’s apologies or what nice things his friends and attorney said about him.

“It doesn’t matter what kind of a person he is. He’s a killer ... He’s a coward.”

After listening to testimony, reading submitted letters, reviewing reports and other aspects of the case, Stone said he considered both sides and came to several findings. He then asked Garcia Moncada to stand.

For the two convictions, Stone said, Garcia Moncada would serve two, three-year sentences and he would serve them consecutively. He said Garcia Moncada failed to provide assistance when two people were hurt and attempted to avoid criminal prosecution.

“He did not show any sympathy at that time addressed to the victims,” Stone said.  

He also disagreed with Hamilton’s statements and decided to overturn the demurrer.

“There are substantial and compelling reasons to depart upward from (the) presumptive sentence and I intend to do that,” Stone said.

Garcia Moncada and his defense have 30 days from Friday to appeal the decision, the judge said.

After the hearing, Frasier said he was pleased that Stone agreed to extend Garcia Moncada’s sentence, but wished it  had been longer, as does the family of the Vances.

“They just wish he could have gotten more time,” he said, adding it wouldn’t be a bad thing if Garcia Moncada is deported. “If he stays there and doesn’t come back, we’ll all be happy.”
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Texas wrote on Mar 4, 2008 8:02 PM:

Grant, I am sorry to tell you but those hard working illegals (I am talking about all ethnic backgrounds) that you are talking about are coming here and are also getting welfare. This is how they are taught to work the system. The wife's report to DHS that she has been left here by her husband with several children. Then she gets food stamps, medical, TANF and housing assistance. Since the system is overwhelmed they do not go out and check to see if the father is gone or not. So she and the children are getting all those benefits and the husband is working and living in the home. So I am now sure what you are talking about white trash welfare scammers. I think that there is a possibility for everyone to abuse the system.

As far as the sentance that he received does not value human life. I am glad that we are allowed to have our own opinions. That is why our young people join the armed services to give us the right to write these statements.

Riggs wrote on Mar 4, 2008 5:51 PM:

"grant freeman wrote on Mar 4, 2008
are you people serious? since september 11, 2001, over 100,000 americans have been murdered"
So Grant, tell everyone here how Sept 11 2001 has -=any=- bearing on the fact that an illegal alien (by any definition)knowing broke the laws of these United States, broke the laws of the state of Oregon, violated employment laws, then proceeded to run down two innocent people, leaving them for dead....Go ahead and tell everyone
I didn't think so

"I would gladly trade a white trash welfare scammer for a hard working "illegal" ANY DAY!"

Playing the reverse race card won't get you anywhere, other than being labeled a closet racist.
If the shoe fit ;)

RICK wrote on Mar 4, 2008 4:48 PM:

GRANT FREEDOM,
YOU WOULD HIRE AN ILLEGALL BECAUSE, YOU BELIEVE IN CHEAP LABOR,TAKING ADVANTAGE OF ILLEGALS BECUASE THEY WON'T SAY ANYTHING, AND YOU DON'T CARE ABOUT KNOCKING DOWN AMERICAN WAGES.
RICK

grant freeman wrote on Mar 4, 2008 3:16 PM:

are you people serious? since september 11, 2001, over 100,000 americans have been murdered in america BY AMERICANS. NOT mexicans, not Muslims, not CUBANS, buit AMERICANS. We are our own worst problem. stop the racial B.S. and quit blaming the "illegals". I would gladly trade a white trash welfare scammer for a hard working "illegal" ANY DAY! so shut up about the "illegals.

Ranger wrote on Feb 26, 2008 9:29 PM:

"Concerned wrote:
How did this man get an Oregon Drivers license?

Simple. He walked into a DMV (probably Medford), showed his "matricula card", issued by the corrupt mexican government, paid money, took the test and walked out a "Oregonian".
Until recently, the state was handing them out like candy during Christmas at PV Mall.

"How did he get insurance?"

Simple! He walked into an insurance office, showed off his new "I'm an Oregonian" document and they took his money. Show me an insurance agent that has a conscience.

"Is the family of the Vance's going to be able to sue him in civil court or is he going to get a pass because he is an illegal alien?"

For what? He's an illegal. They live in a cash only world, often living under the radar. His only mistake was getting caught otherwise had he managed to cross the border, he would be home free...literally!
He'll be deported after he's done his time and if he manages to slide under the fence and get caught, he'll likely spend the next 20 years in prison, as a convicted felon.
It's no big secret that the biggest number of prisoners in the system today are illegals, caught criminals doing time for both their past crimes and getting caught as convicted felons.

The Vance family will have to settle for the memories they hold and nothing else.

It is what it is.....

Concerned wrote on Feb 25, 2008 10:44 AM:

How did this man get an Oregon Drivers license? How did he get insurance? Is the family of the Vance's going to be able to sue him in civil court or is he going to get a pass because he is an illegal alien?

Eve Ning wrote on Feb 21, 2008 10:42 PM:

This is very sad. I agree with TEXAS that this is to be blamed on the business oweners wanting cheap labor. Hmmmm. I think I will boycott Moncada's employers for using undocumented workers instead of hiring a legal citizen. Get them where it hurts! They should also pay a price for this!

Starr13_06 wrote on Feb 21, 2008 1:17 PM:

I want to know why he (Moncada) was not charged with manslaughter or vehicular homicide. I don't care if he is an illegal alien if he can get a drivers license and live in our country then he should be just as responsible for his actions as an American. It is horrible to think that he was only charged with not doing the duties of a driver instead of being charged with vehicular Manslaghter or even Murder. It stopped being an accident when he drove away without helping them. He shoud have been charged with MURDER X2.

From Texas wrote on Feb 20, 2008 7:17 PM:

OK! Here comes a comment from someone who worked in the criminal justice system in Texas for over 15 years. This was a plea bargin and the Judge did not have to accept it. It appears that the DA did not want to go to trial. 6 years in prison and then he is deported. WOW!!It looks like Oregon could use some stiffer laws. Because this is my understanding of how it will work with INS he will spend his time in prison here then be deported. Just to go visit his family in Mexico and return to the US probably illegally and start over again in some other state near the board. Yes it is sad for the victim's family because they were robbed of their family. What I still can not understand he that he knew what he did was wrong and did not want to face the punishment so he ran away. Just to let you know that most of the individual's that enter this country illegally are well versed in how to get around our laws. Most law makers and immigrant avocates do not want the general public to know this but it is true. The largest export of most of the countries to the South (Mexico and Central American countries, Africa, and the Middle East) are their citizens. Of course oil would be the second in exports in these same countries. Yes tightening the boards would be ideal but where is the money going to come from. It is obvious that these illegal immigrants are not paying taxes but the first think they are taught to apply for are government benefits. Also instead of blaming the immigrants for this mess. How about blaming the American business owner's that want cheap labor and the American public not wanting to do the jobs that these immigrants are willing to do and not complain. Put real fines in place for business owners that employ illegal immigrants not the $50 per employee that is now in effect. Here is another way to get the immigrant population to pay their way. Put a 10 percent tax on all the money they send back home to there families in the other countries and put that money to public schools and Human Services. It continues to amaze me that these are all simple solutions that the government does not put them into law. Oh forgive that would require the law makers to have common sense and use it.

RICK wrote on Feb 16, 2008 8:38 PM:

DEAR SAVANNA, YOUR RIGHT!
BUT THAT'S NOT THE ISSUE.IF THE BORDERS WERE CLOSED AND OUR GOVERNMENT DID THERE JOB BY DEPORTING ILLEGALS, A LOT OF INOCENT AMERICANS WOULD STILL BE ALIVE TODAY.
SAVANNA, JUST WATCH AMERICAS MOST WANTED (SATURDAY NIGHTS). THERE IS ALWAYS SOMONE ON THAT SHOW WHO IS A ILLEGAL ALIEN/CRIMMINAL.AND WHEN I SAY ILLEGAL I'M NOT ONLY REFERING TO MEXICANS.
RICK

Savannah. wrote on Feb 15, 2008 11:14 PM:

Dear Rick,

AMERICAN citizens commit homicides, too.

Pattie wrote on Feb 13, 2008 9:21 AM:

Accident? When he drove away from their bodies lying on the ground, it stopped being an accident, and became anything but. No one can tell me this person did not look in his rear view mirror as he was driving away, and with each backward glance, another choice was made.A choice to get away without being seen, a choice to do so quickly, and a choice to play God in deciding whether or not 2 other human beings have a chance or not to live. As is common practise in todays prisons,due to overcrowding situations, this person very possibly could be released earlier than his 6 years, especially if he has programmed while there, caused no problems, and his space is needed by someone more threatening to the public. I agree, how much more threatening can someone be than a human being who can turn his head and drive away from 2 people he has just ran over? One thing I have not yet understood through all this. I have lived in North Bend before, and gone through Pony Village parking lot many a time. If they were leaving the theater, I can't believe no one else was coming out, and didn't see anything. And the other thing, if he was leaving work, not one other co-worker was leaving then too? Seems he got away with alot more than leaving an accident, but God lets you get away with nothing. Boy I thought the state I moved to was behind the times in getting laws changed...come on Oregon catch up.

rick wrote on Feb 9, 2008 5:40 PM:

Dear Americans,
Our government must close our borders.We are in great danger and our citizens are being murdered by illegals.
This country is now known as the land of getting away with murder.
rick

It's a Great Deal! wrote on Feb 6, 2008 1:56 PM:

A man in Yamhill County just received a 10 year sentence for running over ONE co-worker on a country road and then taking off. In Coos County, a man gets 3 years each for running over TWO complete strangers in a parking lot. The rumors are true: Life is cheaper in Coos County.

dan wrote on Feb 6, 2008 12:16 PM:

I can't belive that when yo kill 2 people you only get 6 years in prison. what a joke, and yes he is illegal. lock him up for life. I just dont understand, 6 years, thats it? my heart breaks for the family that was murdered by and illegal mexican..

Its Needs to Stop wrote on Feb 5, 2008 5:35 AM:

"citizen of Mexico" !!!!

just come right out and say it:

HE IS AN ILLEGAL ALIEN.

HE IS AN ILLEGAL ALIEN.

HE IS AN ILLEGAL ALIEN.


Jim wrote on Feb 4, 2008 6:20 PM:

Myself.....HE KILLED TWO PEOPLE...are you out of your mind....THAT was wrong. He killed them with his car, which he is charged with driving SAFELY at all times.

he hit them......true..he ran..that was an exacerbation...it does not mitigate the fact that his failure to remain aware of his surroundings while driving his vehicle resulted in the deaths of two people.

Smitty wrote on Feb 4, 2008 12:45 PM:

Bob-
The most a judge can do in departing from the regular sentence according to the law is double what is the normal sentence for someone charged with his crime and based on his criminal history. In the story it talks about the 16-18 month sentence his lawyer asked for. That is the normal sentence. The judge could have departed up or down. To go up, he was limited to 32-36 months. Since there were two counts, that means 32-36 months each, for a total of 72 months, which is what he got. Like the article said, he got the most time possible for what he was charged with.

Myself wrote on Feb 4, 2008 12:40 PM:

Jim:
manslaughter is a charge that would have been based on driving. He was charged with what he did AFTER driving. The fact that two people are dead does not show whether he was speeding, ran a stop sign, drove on a sidewalk or was driving the wrong way on a one way street any more than it indicates the victims darted in front of the car, that they were jaywalking, walking with traffic rather than against. The fact that they were hit and killed could have been an accident. It is tragic. What the guy did wrong was leave. If he had stayed, no charges may have been filed. You can't use the result of an act as evidence that it was brought about illegally. With your logic, any car accident could then be charged as a DUII- they must have been drunk- they wrecked!

Jim wrote on Feb 4, 2008 11:30 AM:

EX COOSBANIAN: The only people here making it look like a racist issue are people like YOU that cant seem to separate the term illegal immigrant from the word mexican. The vast majority of statements are very much NOT racist..they address the illegal status of the individual, not his race. If he had been Canadian, would you be so willing to tag the term "racist" on? Let's spell this out for you....the problem is he is an ILLEGAL IMMIGRANT. The fact he is from Mexico is inconsequential. It is not a race issue....quit trying to make it one.

Joe wrote on Feb 4, 2008 10:44 AM:

What message does this send to eveyone else?....you can do this and be out in 6 years. What a bunch of BS. No justice for the victims!!!

sadness wrote on Feb 4, 2008 10:24 AM:

Living in Texas rest assured that alot of criminals use this route to evade punishment and hide out in mexico.Mexico won't extredite if the death penalty is a possibility.This guy killed two people and planned on running away.I can't see why it wasn't at least some lesser murder charge.Failing to render aid???
Seems like he will be out in a couple of years.The people who died will be dead forever.
Might be time to out some coquille judges.

NB1 wrote on Feb 4, 2008 9:27 AM:

EX-COOSBAYNIAN...29 comments and "most" are not about Moncado being Mexican. There are only 4 comments to that. I am always amazed that people that move away from here feel they must say negative things about those of us that LIKE it here. It is also interesting that so many are still interested in what goes on here.
To Marilyn's sister ...I feel so badly for your family and am sorry this happened. I am sorry too that he wasn't charged with more, six years doesn't seem right.

music guy wrote on Feb 4, 2008 9:03 AM:

I hit a cat two years ago, and I stopped to help. No one saw me, my car wasn't damaged, I could have gone on my merry way. Although I could do nothing for the animal, I tried several houses to find the owner. This man did nothing to help these people. 6 years is nothing for the deaths of two human beings.

ex-coosbaynian wrote on Feb 4, 2008 8:21 AM:

It's amazing that most of the people commenting on here are more concerned that the criminal was a mexican man than the actual case. It shows how ignorant and racist Coos County really is.

Marilyn's sister wrote on Feb 4, 2008 8:12 AM:

I have written to the newspaper several times. This will be my last time. Regardless of what anybody thinks, it's over now. Nothing more can be done to change Moncada's sentence, unless he is able to change it by appeal. I finally went to my sister and brother-in-law's house this past Friday. How painful to walk into their home and them not be there. I hope what he did, haunts Moncada for the rest of his life. Each of us in the family as well as many friends will grieve as long as we live. How sad to watch their children go through the house, getting it ready for an estate sale. It is a little comfort to know they are in Heaven together.

legalatina wrote on Feb 4, 2008 8:02 AM:

Sadly, these two Americans didn't have to die if our borders were secure, our immigration laws enforced and businesses and individuals would stop hiring these criminal illegal aliens. Every crime committed by an illegal alien is 100% preventable, we have enough of our own drunk-drivers, we don't need to have illegal aliens victimizing our citizens. and to think Hillary, Obama and McCain have been pandering to the pro-illegal alien advocacy groups like La RAZA, MALDEF, LULAC and the like promising to allow people like this monster to remain in the U.S., pay token fines and become citizens. How absurd...and how insulting to all law-abiding immigrants who played by the rules and, unlike this monster, respect our laws, customs, norms and traditions.

Lester wrote on Feb 4, 2008 7:59 AM:



This is NOT THE COQUILLE JUSTICE SYSTEM...this is the feds that set this ruling. The only thing Coquille had to do with it is the fact that it's the County Seat. I agree that 6 years is a travisty, but don't make it sound like it's the fault of "The Coquille Justice System. That's just rediculous.

Don wrote on Feb 4, 2008 7:48 AM:

Accident,yes perhaps. But running 2 people down is just as bad as killing them with another kind of weapon-which deserves much more than 6 years. Life in jail,without parole should have been the minimum sentence. He got off way too easy!

Jim wrote on Feb 4, 2008 7:12 AM:

Disgusted: the fact he is a Mexican is inconsequential....the fact he was here illegally is the issue. It is not a race issue.

Jim wrote on Feb 4, 2008 7:04 AM:

Myself said: "A manslaughter charged would have required him to act grossly negligent in his driving. "

What do you call TWO PEOPLE DEAD because someone hit them? If that is not gross negligence in the operation of a motor vehicle....holy cow. I would call two dead people pretty convincing evidence that the guy didnt pay attention to what he was doing.

The DA office really screwed up.

disgusted wrote on Feb 3, 2008 11:43 PM:

I Believe that what he did was wrong and he deserves a punishment. But what he doesn't need is to be slandered because he's mexican. He's still human. I think alot of the people making comments are more upset that it was a mexican than the fact that two people died from this horrible accident. So get over the racism. Have some sympathy for the families.

Coos Bay Kid wrote on Feb 3, 2008 8:59 PM:

Murphy's law,

Mr Moncada's killed two people with his vehicle and then fled the scene, running from the crime that he committed. It's not fair to the Vance's for this felon to be back on the streets in six years. Moncada will probably be out of prison earlier. I think the fact that he is an immigrant plays a great part in this situation. Moncada knew if he made it to Mexico he would have a good chance to never be held accountable for the killings. That's why so many Mexicans move here. They take advantage of our indescrepancies and feel they are above the law. Or the law somehow doesn't apply to them. Look at how abused the Oregon Health Plan is. It's not fair. Make whatever spin you wnat to

CC wrote on Feb 3, 2008 7:20 PM:

I have to wonder if the victims had been locals or related to someone with some standing in the community, if the sentence would have been the same. Would Mr. Moncada be doing m a much harsher sentence if it were the mayors, or the chief of polices mother or father??
Does the sentence fit the crime. No. What kind of message are we sending to teen drivers.. If you hit some one then flee the scene and say you "oh
but your honor it was just a mistake."

North Bend resident wrote on Feb 3, 2008 5:18 PM:

Only with God we may have the strength to admit our mistakes in a very short period of time. And i understand how hard it is to make a confrontation but it needs to happen before it's too late. Wishing can't change the past, but we all wish, If only this and that......could've made a difference. I feel terribly sorry for the victims, their family, and for Mr. Moncada, who will live the rest of his dark life regretting for what he had done after the fact...May God's love help soothe everyone's pain...

Shannon wrote on Feb 3, 2008 2:18 PM:

Regardless of which view you subscribe to- there will be no peaceful or uniform acceptance of the act or the punishment. Everything about this is ugly. Everything.

stop the north american union wrote on Feb 3, 2008 1:42 PM:

Be well prepared to see a lot more of these type of crime's. With our open boarders. we have enough crazy American citizens to deal with.Let alone the illegal's. Its only going to get worse here. look at California. These backwoods hick judges have no clue whats coming their way real soon. You sheep,You vote for your Amnesty loving presidential canidates McCain,Clinton. You will be reading about crimes like this everyday.Wake up!!!

Murphy's Law wrote on Feb 3, 2008 11:10 AM:

People are saying he killed two people, the facts as we know it is, that two people died due to injuries sustatianed in an accident. The fact that he is an illeagle alien, should'nt matter. The law isnt perfect and from what was said he got the max. Six years is a long time
I dont think he is going to enjoy it.

Bob wrote on Feb 3, 2008 10:06 AM:

Response to CATMAN

You need to get your facts straight.
Moncada was charged and did plead guilty to (2) seperate FELONY counts. DA Frasier at the sentancing did in fact recommend 6 years prision time on each count to run
consecutivly (end to end) for a total of 12 years. It is the resonsibility of the trial court judge to pass sentance, in which he did impose 3 years prision time on each count. In addition his Oregon Drivers license has been revoked for 5 years starting upon his release from prision. So this person will not drive legally in Ore for at least 11 years. US Immigration has placed a hold on Mr. Moncada upon his release from prision for Deportation.
IF you want to blame someone, Blame our own state legislature for having such loose laws that permit UNDOCUMENTED ALIENS to recieve Oregon drivers license( and DMV has issued thousands) with no proof of being a legal citizen

Good Job DA Frasier on your efforts and the efforts of our local police depts who were involved. This man was on the run and was only 1 hour away from his home county of Mexico when he was arrested.

Bob wrote on Feb 3, 2008 9:46 AM:

Response to CATMAN:

You need to get your facts straight.
Moncada was charged and pled guilty to TWO FELONY charges. At Sentenancing DA Frasier did in fact recommend two (72 months) times in prison which equals 12 years total. It was the trial court judge who made the decision for 3 years prison time on each FELONY count. Time to run end to end on each charge which totals 6 years. The actual facts of the case did not warrant any other different charge under Oregon law.
Moncada is a undocumented ailen, and Immigration Service has placed a hold on him for Deportation, at the end of the 6 years he will spend in prison.
In addition his driving priviledges have been revoked for 5 years after the prison time has been served. So we know this man will not be driving legally for the next 11 years.

If you want to blame someone, blame our own DMV for handing out Oregon drivers licenses Willy - Nilly to the illegals
coming from the south.
Good Job Mr. Frasier, You did the right thing.

Do The Right Thing wrote on Feb 3, 2008 1:39 AM:

Makes me wonder If he was drunk. I believe that would have made a difference in the charges put forth by the DA.

bboop how can it be a tragedy for both? He's not going to suffer anywhere near as much as they did. He was fleeing to Mexico.. If he would have made it, that in it's self would have been a far more harsh punishment than what he got. Now he gets 3 hot's and a cot thanks to the taxpayers.. Now that's real justice.

J Alram wrote on Feb 2, 2008 9:48 PM:


Marla, lots of "They" and us versus them mentality in your comment... Don't judge and entire nation of people on the actions of a one, or even a few. Your comment is saddening, as is this case for everyone. No one wins especially when many in the community feel the way you do. It's akin to saying that all Austrians want a Holocaust, based on the actions of Hitler.

Myself wrote on Feb 2, 2008 8:21 PM:

The reason he was not charged with manslaughter is because there was no evidence that he broke any law until he left the scene. That was a felony with a maixmum of 15-18 months for someone with his criminal history, or lack thereof. A manslaughter charged would have required him to act grossly negligent in his driving. Given the conditions, the area of the accident, and the complete lack of evidence otherwise, the DA probably knew that manslaughter wouldn't stick. Remember, felony charges go before a grand jury- I would imagine the DA tried for everything he could. This was a high profile case and I seriously doubt he would take the easy way out. Sentences are set by guidelines for felonies. If the judge had given more than 6 years, it would have been overturned on appeal and the victim's family would have had to go through it all over again. There is no shame in the DA's office because he looked at what he could prove, and charged what the law allowed. Then, he convinced the judge to double it. So yes, 6 years was the maximum. We are all limited by the laws that are in place.

wondering wrote on Feb 2, 2008 2:35 PM:

This was an accident. Both sides have suffered. Why don't they try to work together to make sure this doesn't happen again? I just seen an accident on Wed. in the same location involving two cars. Maybe there needs to be more lighting in the mall parking lot?

What I do find odd is Mr. Moncada was sentenced six years for an accident yet, the coward who murdered ( premediated) a man by the railroad tracks in late '96 is out free and working in NB. Which would you rather have in your community- a premediated murder or a man who was involved in an accident and only crime was driving away?

Catman wrote on Feb 2, 2008 2:22 PM:

Dear BBoop,
He was sentenced for "Failure to perform the duties of a driver to an injured person."

He should have been sentenced for Vehicular Manslaughter, which would have given the Court the ability for a MUCH longer sentence.

The Coos County District Attorney R. Paul Frasier has failed this County, should have charged him with the FELONIES, and had him sentenced to a much greater sentence.

Coos Bay Kid wrote on Feb 2, 2008 2:18 PM:

"Clearly there were two individuals tht were injured as a result of this tragedy." Judge Stone, two individuals were killed. 6 years is an embarrassment. This sends a bad message to immigrants, illegal or not. We've got to have greater punishment for these types of crime. He killed two people, lied to his family, and ran for Mexico.
"Hamilton said he is a law abiding citizen for the most part." What the h***!!!

Marla J. wrote on Feb 2, 2008 2:02 PM:

This really leaves a bad taste in my mouth.And then people wonder why most of us feel the way we do toward mexicans .They sneak into our country want what we have ,clothes, cars,homes they dont speak our language they try to treat us as if were minority but if they break the law they run back to Mexico like cowards,this is what they are really all about .

Coos Bay Kid wrote on Feb 2, 2008 12:34 PM:

Jim: thanks for clearing that up. I agree with you. Six years is a joke for killing two people. That just doesn't make sense to me. These kind of people need to fear punishment. In this case, the punishment didn't fit the crime.

Jim wrote on Feb 2, 2008 12:02 PM:

BBOOP: The Bible also says to render unto Caeser what is his...that is..to obey the laws we have amongst ourselves. He fled the scene and tried to avoid responsibility for his act. THAT was intentional. It doesnt matter if he was afraid, he acted irresponsibly and without regard for human life. He deserves life in prison. Also, Coos Bay Kid..the judge COULD have also sentenced him additionaly for vehicular manslaughter - two counts. So, no, 6 years was not the maximum possible. If no charges were brought for vehicular manslaughter, then shame on the DA's office.

Coquiller resident wrote on Feb 2, 2008 11:42 AM:

Dear Anonymous: did you miss the sentence in the 5th paragraph:

"Stone sentenced Garcia Moncada to the severest punishment possible for striking and fleeing the site of an accident without providing aid to the victims — two consecutive 36-month sentences in the state penitentiary; a total of six years in prison."

They gave him the maximum allowable sentence; the judge doesn't have the power to give him more than that.

Coos Bay Kid wrote on Feb 2, 2008 11:36 AM:

I would be sorry too if I got caught.

anonymous wrote on Feb 2, 2008 11:31 AM:

Is this the best that Coquille Justice System can do? Personally, I think it is disgusting to allow this guy to only get 6 years after killing 2 people. Sorry or not, he deserves more than a slap on the hand.

bboop wrote on Feb 2, 2008 10:08 AM:

This is such a tragedy, for both sides. It would be impossible to put one in Mr. Moncada's situation, but I would imagine that fear after the fact, played a big part in his fleeing. It didn't sound like he was a criminal to start with. I can understand the pain of the family members with their loss, but as the bible says, "Vengence are mine saith the Lord." It was a tragic accident. It was not an intentional act. The family are not exhibiting Christian values when they wish for further retribution against this man. The Lord takes those he needs, and none of us has control of that event. I hope the family can find the strength of Jesus to forgive and accept. As for Mr. Moncada, he will have the rest of his life to have to live with his mistake, intentional or not, and six years of prison. That may not seem like a fair exchange, but accidental lacks intent, and his only mistake was allowing fear of the consequences to dictate actions after the fact. What would have been the consequences to him had he not run? Vehicular Manslaughter? How much time does that charge carry?


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