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Couple Sentenced to Prison

After more than a year, Claudia Cabrera and Josue Luna are sentenced to state prison for the hit and run that killed one USC student and left another seriously injured.

A husband and wife were sentenced to state prison Monday for the hit and run crash that killed one USC student and seriously injured another in March of 2009.







“Since their actions are unforgivable they will receive the maximum punishment available,” Los Angeles Superior Court Judge Robert J. Perry said as he sentenced 31-year-old Claudia Cabrera to eight years in prison and 34-year-old Josue Luna to 7 years in prison.

18-year-old Adrianna Bachan and Marcus Garfinkle, who was 19 at the time, were crossing the crosswalk at the intersection of Jefferson and Hoover just before 3 a.m. on March 29, 2009 when they were hit by Cabrera and Luna’s car. Cabrera was driving with Luna in the passenger seat when they hit the students, killing Bachan and leaving Garfinkle close to death.

“I was treated like an animal,” Garfinkle said in his statement to the court on Monday. “I will never forget waking up on the side of the street naked and covered in blood.”

According to a witness, Cabrera’s car had just run a red light before striking the two students. Luna got out of the car and pulled Garfinkle’s body out of the windshield as Cabrera pushed him out before the two left the scene, according to District Attorney Janis Johnson.

Judge Perry called the actions of the defendants “outrageous and shocking,” and said they acted with extreme callousness.

The courtroom was standing-room only, packed predominantly with friends and family of Bachan.

“We are truly sorry for the great pain we caused you,” Luna said to Bachan’s family and friends after being sworn in to speak in front of the court. He said he accepted the responsibility for his actions, and said that he thought he had only hit one person until he heard about the second on the news the night after the accident.

“I know your life has changed completely,” Luna said to Garfinkle in his statement in front of the court. “My plan was never to let you die there or toss you.”

Luna’s apology was followed by several whispers from the audience, but it was not until Luna spoke that loud remarks were made.

“I want to let them know that I never intended to hurt any of them,” Luna said as she apologized to the victims’ families and friends, saying that she was “truly ashamed.”

“My actions that night do not reflect the person that I am,” Luna said after saying the incident was an accident that nobody could have prevented. “I hope that all of you can find it in your hearts to forgive me and my husband.”

Some audience members responded to Luna’s apology by saying, “Never!”

Bachan’s mother said it was not only a daughter that was lost but also a community “star.”

“Her potential was limitless until her life was cut so short,” Carmen Bachan told the courtroom. She talked about her daughter’s accomplishments, noting that she graduated from high school with a 4.5 grade point average and got two jobs on campus in an effort to pay her way through USC with the help of scholarships and grants.

Many people in the audience expressed their grief caused by the accident as the prosecution paid tribute to Bachan’s life with a picture slide-show presentation and a video collage. Life-long friends of Bachan drove from Santa Barbara to support the Bachan family and honor the life of their late friend.

Garfinkle also wept as he talked about the “life sentence” he will suffer as a result of his injuries, saying he can never play sports again and is unable to walk to class without pain medication.

He described how he was left with all of his bones out of his legs and his “stomach was smashed open, gushing blood.”

Garfinkle, who recently finished his sophomore year at USC, told the judge he has had two surgeries, has titanium rods in his legs, and expects to have to undergo more surgeries in the future.

Outside the court, Garfinkle said he didn’t believe Cabrera and Luna were sorry, only that they had been caught. However, he said wanted to focus on the positives, saying he was happy to be alive still.

“I told myself, after the crash, ‘You’re gonna get through this, you’re gonna get through this.’ I knew that this was not my time and I’m so happy to be able to be here today.”

At the end of the sentencing, the Bachan and Garfinkle families were setting a date with the district attorney for the restitution hearing for sometime in September.



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