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Camp Pendleton

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The driver of a car that struck and killed three children on a Camp Pendleton roadway was sentenced Monday to 90 days in custody.

U.S. Magistrate Edward Infante recommended that Charles Smith, 21, who lives on the Marine Corps base with his stepfather and mother, be housed in a minimum-security jail. Infante also ordered Smith to complete 150 hours of community service work under conditions of three years’ probation. A one-year jail sentence was issued, with all but 90 days suspended.

Smith was convicted Feb. 7 of misdemeanor vehicular manslaughter in the May 2, 1985, deaths of Charmaine Ostergaard, 6; Jeremiah Ostergaard, 4, and Annabell Bortonel-Reyes, 6. Deborah Ostergaard, the children’s 24-year-old mother, was seriously injured.

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“He did not intend the consequences of his act. I believe his remorse is genuine and sincere,” Infante said.

Smith is to go to jail March 31. He could have received three years in jail and a $3,000 fine.

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