Guatemalan man gets 3½ years in DUI death in Chesterfield

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An illegal immigrant from Guatemala was sentenced to 3½ years in prison yesterday for killing a Chesterfield County woman in a drunken-driving crash that left the victim pinned against the side of a convenience store.

Circuit Judge Michael C. Allen sentenced Alberto Candino Bamaca, 39, to a total of 21 years but suspended 17½ years of that term on convictions of involuntary manslaughter, felony hit-and-run driving, and driving under the influence of alcohol.

Bamaca pleaded guilty to the offenses Jan. 12.

In meting out punishment, the judge sentenced Bamaca to slightly less prison time than the maximum recommended under state sentencing guidelines, which called for a low of one year and five months in prison to a high of three years and nine months.

"It was a terrible death," Allen said of the Aug. 2 crash.

But he noted that Bamaca did not intend to kill Carol A. Cooper, 53, a long-distance truck driver and grandmother of three who just had finished writing her first novel.

The judge weighed the fact that Bamaca had no prior criminal record or any known problems with drug or alcohol abuse, with evidence that he fled the scene.

According to evidence, Bamaca was driving drunk at about 11:40 p.m. Aug. 2 when he pulled into the parking lot of a convenience store at Jefferson Davis Highway and Dundas Road. While apparently attempting to park, Bamaca jumped the curb and struck Cooper, pinning her between his minivan and the side of the building, prosecutor Dennis Duncan said.

Bamaca then jumped out of the vehicle and ran. Cooper died at the scene.

Duncan said that when police tracked Bamaca down at his apartment, he tried to flee out the rear when officers arrived to arrest him.

Defense attorney Jose Aponte acknowledged that Bamaca fled, but he said the Guatemala native was frightened.

A state forensic toxicologist testified that Bamaca had a blood-alcohol concentration of between 0.16 percent and 0.24 percent at the time of the crash -- two to three times the legal limit.

Katharine Mayo, Cooper's only daughter, and George Manolatos, Cooper's fiancé, said they were troubled that Bamaca won't spent more time behind bars and that he committed the crime while living here illegally. Authorities say he will be deported after serving his sentence.

Mayo said Cooper, who enjoyed poetry, music and writing, had stopped at the convenience store on the night she was killed to pick up a few items before watching Mayo's three children, ages 9, 12 and 14. She had planned to marry Manolatos, with whom she had a 12-year relationship.

"Carol was a person who loved life and wrote about love and hope in her stories," Manolatos wrote in his victim-impact statement. "She loved to travel and worked with me as my co-driver for over six years driving a tractor-trailer. When I think of all the experiences we shared together and all our dreams and plans, I can't help but become depressed."

"My memories are now tainted as they are a constant reminder of the way she died."



Contact Mark Bowes at (804) 649-6450 or .

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Reader Reactions

Flag Comment Posted by chiefva on September 29, 2009 at 12:46 am

More on this problem in our country

http://www.immigrationshumancost.org/text/crimevictims.html

Flag Comment Posted by chiefva on June 25, 2009 at 6:22 pm

For those who would like to say good bye to Carol .

http://virtualmemorialgarden.net/memorial.php?mode=flowerview&searchstring=1231633137#memtarget

Flag Comment Posted by chiefva on June 20, 2009 at 5:37 pm

He didn’t have any known problems with alcohol abuse? He was all most three times the legal limit and killed her while he was not abusing alcohol? Were is the rationale in this

Flag Comment Posted by Southern Hoosie on June 20, 2009 at 4:00 pm

“The judge weighed the fact that Bamaca had no prior criminal record or any known problems with drug or alcohol abuse, with evidence that he fled the scene.“

This may be true for Bamaca, but how many other arrest does he have under different names? Many illegals have all sorts of documentation and many times it is next to impossible to tell who they really are.

I just hope that whoever he really is gets deported instead of being released back on the streets when his token sentence is served.

Flag Comment Posted by 123456 on June 08, 2009 at 9:49 am

Seriously?  That is all the time he was sentenced too?  He not only drove drunk, but he KILLED someone.  So this womans life according to the judge, is only worth 3 years in prison?  Why don’t we send him, and all the rest of the illegals back to where they are from.  I sure as heck don’t want to support this man while he lives for free in prison, and then is released back out on the streets illegally.  When is the government going to realize how big of an issue it is with having all of these illegals in our country?

Flag Comment Posted by chiefva on June 06, 2009 at 6:52 pm

I would like to thank all of people who have shown support and concern about what has happened. I hope this tragedy will bring attention to the issues brought up in the comments, thank you again for your support.

Flag Comment Posted by swonk on June 05, 2009 at 5:45 pm

I can not begin to offer anything but the utmost sympathy in your loss. I also express my deepest regret in this, the latest failing of our state justice system. I implore everyone reading this story, seeing your comment, to educate themselves on the backwardness of our current laws, and vote out those in power who sit by arguing about frivolity while the populace is murdered, raped and robbed.

I did not mean in any way to discount what has happened here, but what happens now is up to the citizenry, and god help us to see the light of day and foster the return of sanity and compassion once again.

Losing my faith in our state one court case and one legislative vote at a time,
-K.

Flag Comment Posted by chiefva on June 05, 2009 at 3:16 pm

I understand that the judge had to base his decision based on the rules of the Supreme Court of Virginia and sentencing guidelines. The judge is not at fault based on this. Their needs to be an amendment to the code of VA, establishing a mandatory minimum sentence in cases like this. We who are concerned about this need to write our state representative’s explaining our concerns. A change in the law increasing the punishment for a crime like this would be a deterrent to those who otherwise might take the chance to drink and drive endangering all of us.

George A. Manolatos

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