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Local woman gets 10 years in man's death from car wreck

Intoxication manslaughter nets maximum sentence

By J.R. Gonzales

The tears didn't stop as District Judge Jose Longoria sentenced a woman to 10 years in prison Wednesday, the maximum sentence she could receive, for intoxication manslaughter.

Relatives of Avelino S. Carrillo Sr.,who died in the November 1999 accident, embraced each other and cried after hearing the sentence. Friends and relatives of 41-year-old Athena Ortiz were also allowed to hug and console her before she began serving her sentence.

"We hope that this will make people think differently about drunk driving," said Carrillo's son, Avelino Carrillo Jr.

According to courtroom testimony, Ortiz's blood alcohol level was four times the legal limit.

Ortiz struck and killed Carrillo on Nov. 24, 1999, on Brawner Parkway. Prosecutor Missy Medary said Ortiz hit Carrillo's vehicle before running over him.

Ortiz had two prior public intoxication misdemeanors a few years before the accident.

On Monday, she pleaded no contest to the killing. She could have received two to 10 years in prison or probation for the accident. District Attorney Carlos Valdez said Ortiz might have to serve half of her sentence before she is eligible for parole.

Before Longoria sentenced her, friends and relatives of Ortiz testified that she was still trying to cope with the suicide death of her husband and losing custody of her children.

Defense attorneys claimed that proper treatment would help her, as opposed to incarceration.

"We have hidden her for 10 years," said defense attorney Jimmy Granberry after the ruling.

Granberry and co-counsel Kenneth Botary asked the judge to consider probation and counseling for Ortiz. Medary asked that Ortiz receive prison time for the offense.

"There is very little professional help in the penitentiary for those with alcohol problems," Botary said after the sentencing.

Medary told Longoria the Carrillo family has changed drastically since they lost their breadwinner. Carrillo was a lab technician at Elementis Chromium and also held a second job as an independent contractor delivering newspapers for the Caller-Times. He was delivering the People section at the time of the accident.

Since the accident, Carrillo's wife has had to work as a custodian to support her family, Medary said.

Carrillo's son held out hope that Ortiz might change.

"We just hope that 10 years from now, maybe she will be a better person," he said.

Contact J.R. Gonzales at 886-3779 or gonzalesj@caller.com

January 24, 2002


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