Delgado case: Prosecutor 'not disappointed'

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Despite a verdict he had argued against, a San Mateo County prosecutor was steadfast Thursday that 19-year-old Edith Delgado has been held responsible for the triple-fatal crash she caused on U.S. 101 in Menlo Park.

Ms. Delgado of Redwood City was found not guilty of three counts of felony vehicular manslaughter with gross negligence, but guilty of misdemeanor vehicular manslaughter, in causing the deaths of three people, including two members of the Tongan royal family.

“I’m not disappointed whatsoever,” Deputy District Attorney Aaron Fitzgerald said stolidly.

“We alleged she was engaged in a speed contest with another vehicle,” Mr. Fitzgerald said. “The jury listened to all the evidence and made a decision based on the evidence.”

“They found Ms. Delgado criminally responsible for killing three people,” he added. “That’s what shouldn’t be overlooked in this case. It wasn’t merely an accident … crimes took place.”

The July 5 nighttime crash occurred when Ms. Delgado’s white Mustang changed lanes and sideswiped a Ford Explorer carrying Tonga’s Prince Tu’ipelehake, 54; Princess Kaimana Tu’ipelehake, 45; and their driver, Vinisia Hefa, 36. All three were killed when the Explorer lost control and flipped over on the highway.

Mr. Fitzgerald had alleged Ms. Delgado was speeding in excess of 80 mph and dangerously weaving in and out of traffic as she raced another vehicle, thought to have been a black Cadillac Escalade, before the crash.

During the nearly three-week trial, jurors heard from four independent eyewitnesses to the highway crash and a renowned accident reconstruction expert, all of whom seemed to validate the prosecution’s account of events.

But after three days of intense, sometimes contentious deliberations, according to jury foreman Frank Johnson III, the 12 jurors ultimately were only able to agree that Ms. Delgado’s behavior constituted a misdemeanor.

“Gross negligence calls for a person to have disregard for human life,” Mr. Johnson said, adding that evidence Ms. Delgado slowed down before changing lanes helped convince them otherwise.

That the Escalade and its driver were never found also played into the jury’s decision, Mr. Johnson said.

“There was no evidence of racing,” he added. “It was just two people driving fast on the freeway.”

“I would have to say everybody feels comfortable with the decision,” Mr. Johnson said.

Although the crash was tragic, said defense attorney Randy Moore after the verdict, “Edith told them all along that she was not racing on that freeway.” Mr. Moore had argued that Ms. Delgado used poor judgment in her lane change, but was not grossly negligent.

“God bless the jury system and God bless this jury,” Mr. Moore beamed. “They did what the jury system is supposed to do and came out with the right verdict.”

In addition to thanking the jury, an overjoyed Mr. Moore also credited his own accident reconstruction expert, who testified in the trial that he estimated Ms. Delgado was only going 70 to 75 mph before the crash.

Ms. Delgado broke down and wept when the verdict was announced, and outside the courtroom, her mother, father and other family and friends also cried and hugged each other.

“We’re just really happy with the outcome,” Ms. Delgado’s older brother Juan said, acknowledging that the decision was not a “win-win” for all involved. “We’re praying for the victims and their families and their loved ones,” he said.

He admitted that he had been surprised by the jury’s decision, but added, “That’s all we asked, for them to be fair.”

“I’m satisfied that the jury found her accountable for those deaths,” Mr. Fitzgerald said. “She should have been aware of the deadly consequences of her driving on that day,” he went on, based on repeated warnings Ms. Delgado had earlier been given by her high school teachers about her driving.

“This isn’t a day of celebration for Ms. Delgado,” Mr. Fitzgerald reflected.

A gross negligence conviction would have carried a sentence up to eight years in prison, but Ms. Delgado still faces the possibility of up to one year in county jail for each misdemeanor count. At the judge’s discretion, they can be added together consecutively to total three years, according to Mr. Fitzgerald.

Sentencing is scheduled to take place Aug. 24 in Redwood City.

After the decision, Judge John Runde agreed to reduce Ms. Delgado’s bail to $40,000, to which Mr. Fitzgerald had no objection.

“We’re getting her out (of jail) … right now,” Mr. Moore stated outside the courtroom as he rushed off.