SENTENCING OF TRUCK DRIVER CAUSING DEATH OF JIM SWARZMAN
VISTA COURT HOUSE
Hit and run motorist Joseph Fernandez of Fort Bragg, CA was sentenced Sept. 12 by Vista Superior Court Judge K. Michael Kirkman for causing the death of James Swarzman of Encino, CA. Maximum sentence of 4 years was reduced to 2 years due to the defendant having no prior criminal record and that he gave himself up the next afternoon.
Judge Kirkman?s statements:
Judgments were that; ?In the end, I believe very much so, that the defendant knew he had struck Swarzman and he had left the area because he didn?t want to take responsibility. Did he panic? Did he leave because he had alcohol? This sentence is consistent with the law, I can only do what the law says and that the prosecution offered no criminal allegations such as manslaughter. Hit and run was the appropriate charge. The incident scene was extremely violent. Aid was needed and the defendant did not stop and help, recognize the vulnerability of the victim and instead left the scene. Therefore probation is denied?.
$400 restitution was levied plus the prosecution costs. A further restitution hearing is set for Oct 3 at 1:30
John Wellwood