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Posted: 2:24 p.m. Friday, Oct. 5, 2012
By Martina Valverde
After yesterday it was back in the courtroom.
First on the stand this morning was Elsa Hernandez. Hernandez said her children and are friends with Miguel Vargas. She said they have known each other since they were 15. Vargas is now 23. Hernandez testified Vargas is a loyal, giving, humble boy. She said when Vargas would come back to El Paso after working out of town he would pick up her kids and take them shopping and out to eat.
Miguel Vargas was once again on the stand in this phase. He testified that he should get probation. He said before the crash he was offered a $250,000 scholarship because of his artwork. He said he couldn’t meet the demands to get it, but kept up his artwork in jail. The defense then showed the jury a painting Vargas did of his 5-year-old brother. Vargas just gazed at the portrait. Vargas said the victims of the crash do have some responsibility in what happened. Vargas testified they knew he was drunk.
During cross-examination Vargas admitted to driving drunk on occasions before the crash. He also admitted to racing his car on occasions before the crash. When asked if Kim and Idaly’s lives were worth probation, Vargas answered no. However, he insisted he shouldn’t go to jail.
Next the charge had to be finalized to read to the jury, so the jury to took a break.
All media outlets were informed that we were being seated in a different area because emotions are running high.
The judge then read the charge. Here is what he facing.
On each of the counts of intoxicated manslaughter:
20 years in prison, but not less than 2 years and up to a $10,000 fine.
One each of the two counts of intoxicated assault:
10 years in prison, but not less than 2 years and up to a $10,000 fine.
The jury could also decide to give him probation. Some of the conditions of the probation could include restitution, but the judge would determine the amount.
Whether the sentences, if given prison time, will be served concurrently or consecutive will also be up to the court.
I am a proud native El Pasoan. I attended El Paso High School before graduating from Parkland High School.
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