After emotional testimony from families on both sides about the tragedy’s toll, the teen driver charged with killing a bicyclist east of Santa Maria last summer admitted his role Friday and learned his sentence for the death of Matthew O’Neill, a UCSB graduate student.
In Santa Barbara County Juvenile Court in Santa Maria, Judge Roger Picquet sentenced Marcus Maldonado, now 17, to formal probation, suspended his driver’s license for nine months, instructed him to perform 100 hours of community service and ordered him to pay $75,000 in restitution to the victim’s family.
O’Neill, 33, of Chula Vista was struck and killed about 7:30 p.m. Aug. 9 while riding a recumbent bicycle on Foxen Canyon Road, east of Dominion Road, according to the California Highway Patrol.
Marcus, the son of former Lt. Gov. Abel Maldonado and his wife, Laura, was charged with misdemeanor vehicular manslaughter plus infractions for driving a commercial vehicle without a license, and for noncompliance with driving terms and restrictions.
When the judge paused at one point during the emotional afternoon to ask the teen how he was doing, Marcus responded in a low voice, “Not a day goes by I don’t think about it.”
Earlier, the judge rejected a request by Catherine Swysen, Maldonado’s attorney, for informal probation.
“We’re here today to try and give you a support system to allow you to make better decisions in the future,” the judge said. “I do not feel informal probation is the best way to do that.”
The Santa Barbara County Probation Department had recommended formal probation.
The defense attorney had argued that while recognizing the tragic loss, informal probation was appropriate in the case. The teen didn’t mean to hurt the victim and remains devastated by O’Neill’s death, Swysen said.
He is a responsible young man who attends school, works in the family business, is involved in the community and does not have a criminal record, Swysen added.
“Marcus understands the gravity and seriousness of what has happened,” Swysen said. “He is remorseful. … He takes responsibility for his actions.”
But the family and Deputy District Attorney Marina Santisteban argued for formal probation due to O’Neill’s death.
“His (Matthew’s) life is not worth informal probation,” Santisteban said. “I think justice won’t be served if he is granted informal probation.”
The teen was driving a Chevy 3500 pickup pulling a horse trailer, a rig not allowed under his class of driver’s license, the prosecutor noted. Additionally, he wasn’t supposed to drive with passengers unless someone 25 years or older was in the vehicle. His 18-year-old brother was in the passenger’s seat.
“We’re talking about the death of a human being,” said O’Neill’s father, a former police officer in San Diego.
The judge rejected the defense attorney’s attempt to have her client enter a no-contest plea, saying he typically doesn’t allow it because it’s counterproductive to the goal of rehabilitating juvenile offenders. Unlike adult court, Picquet said the Juvenile Court’s purpose is rehabilitation, not punishment.
Swysen relented, and the judge moved forward with sentencing.
“I think it’s important to bring this matter to a close not only for the victim’s family but also for the minor,” she said.
Living in Carpinteria at the time of his death, O’Neill was working toward a graduate degree in special-education research to add to the law degree he already held. He had advocated for special-education students.
With tears flowing and emotion filling her voice, Cheri O’Neill, Mathew’s mother, led the six speakers — including his brothers, Kevin and Craig, plus grandmother June Close — sharing about their loss. The family will mark Matthew’s 34th birthday Sunday without him.
Cheri O’Neill told about the outpouring of support for the avid randonneur, the term for cyclists who ride for camaraderie, not competition, but still set goals and time limits.
Her dining room table has a basket filled with cards from fellow riders, students and others who shared how Matthew touched their lives. She’s unable to move that basket, she added, before pausing to tell a sobbing Marcus, “I’m sorry Marcus. I know it’s hard.”
Those who knew him said Matthew was a safe cyclist and risk adverse. He advocated for those never had a voice. He raised guide dogs for the blind. He earned the rank of Eagle Scout. He was his mom’s computer guru even from afar.
“Marcus, I know it’s hard to hear this — I want you to be successful in life. Matthew wants you to be successful in life,” his mom said, urging the teen to finish high school and go to college.
She also argued against informal probation.
“The consequence does need to be meaningful, otherwise it will tear you apart,” Matthew’s mother added, saying she wanted someone to watch over him. “I need you to do this for Matthew.”
Jen Passwater, Matthew’s fiancee. said that because of the accident they never had the chance to exchange vows to remain together “’til death do us part.”
“The day he died, so did the future we planned together,” Passwater said.
As a police officer, Mike O’Neill had to notify family members about a loved one’s death.
“It’s always a difficult call to make,” he said, “but I’ve never had my heart ripped out like this.”
He also expressed anger the family never heard from the Maldonados after the accident.
Earlier Abel Maldonado said his son frequently wonders aloud how the O’Neill family is doing.
“It’s just a tragic accident out there on Foxen Canyon Road,” Maldonado said. “My son’s life is changed forever.”
At the end of Friday’s more than two-hour hearing, Abel Maldonado said, “On behalf of Marcus and my family, this is a horrible tragedy for everybody. We’re sorry to Mike, Cheri and the rest of Matthew’s family.”
In the wake of his death, family and friends of O’Neill, an avid cyclist, have launched a campaign called Change a Lane. Save a Life to urge motorists to move over when passing cyclists.
— Noozhawk North County editor Janene Scully can be reached at jscully@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.