Tears Flow at Sentencing in Drunk-Driving Fatal Crash

Tears streamed down the faces of many people in a small Fullerton courtroom Tuesday, and Municipal Judge Margaret R. Anderson observed that the fatal accident involving a drunk driver was “one of the most emotional cases” she had ever faced.

The defendant, his wife and several witnesses broke into tears as they addressed the court.

Nominally, the case involved a man who pleaded guilty of drunk driving and causing a two-vehicle accident in Yorba Linda on Jan. 15 that killed one person and injured three others. But Judge Anderson said the case really involved the “tragedies” of alcohol.

“As far as I’m concerned, you could take all alcohol and bury it,” she said. “Ninety-nine percent of the cases that come to this courthouse are because of alcohol and other drugs.”

The defendant, Vince Bivens, 27, of Monterey Park, waived his right to a jury trial and told the judge that he would plead guilty to the charges against him. He was accused of speeding while intoxicated on Jan. 15 and plowing into a Jeep with four persons in it at the intersection of Via Lomas de Yorba and La Palma Avenue in Yorba Linda.

Fullerton Man Died

One passenger, Carl Codispoti, 38, of Fullerton, was killed in the collision. Another passenger, Blaise Evers, 38, of Orange, suffered severe head injuries and was in a coma for 2 weeks. A third passenger, Shelly Petersen, 24, of Orange, suffered neck and vertebra injuries, the court was told. The driver, Terry Evers, 33, of Orange, sustained minor injuries.

Deputy Dist. Atty. Robin Park told the judge on Tuesday that she believed that Bivens’ case should be dealt with sternly, noting that Bivens was traveling at almost 70 m.p.h. and that his driving “was reckless and grossly negligent.”

Park noted that Codispoti, the man killed in the accident, had completed his master’s degree in business adminstration from Cal State Fullerton and was looking forward to a bright future. “He was a person intent on life,” she said.

Paul Codispoti, brother of the accident victim, told the judge that life had changed for him because of his brother’s death. “He was my best friend. . . . I live with that every day,” he said. “I think Mr. Bivens should spend the rest of his life speaking to driving education classes (about the dangers of alcohol).”

Mike Evers, brother of two of the passengers injured in the crash, also told the court that the case called for a strong sentence. He said that Blaise Evers is still undergoing treatment and will remain in the hospital another 1 1/2 months.

Relatives of the accident victims began weeping in court as witnesses told the judge about the impact of the crash on their lives.

The defendant, Bivens, then rose to face the relatives in the courtroom and pleaded for forgiveness.

Teary-eyed, his voice choked with emotion, he said: “I just want to say I’m very sorry for what I did. There was no intent at all; I was just driving too fast. It was an accident, and it’s hard to live with. I’ve never been in trouble in my life. Now I live with it when I wake up, and when I go to sleep. . . . Please just forgive me for what I done. I’m willing to do whatever needs to be done.”

Bivens’ wife, Donna, also rose to address the judge and the relatives of the accident victim. “I’m very sorry it took this to get him into AA (Alcoholics Anonymous),” she said, as tears streamed down her face. “It (Alcoholics Anonymous) has really helped, and I’ve gotten involved in Al-Anon. . . . It (the accident) has been a nightmare for us, too. We have two kids. Our home has been in an uproar.” She added that she was willing to take “two or three jobs if necessary” to help get money for restitution to the accident victims. Turning to the victims’ relatives, she said: “Every chance I get, I pray for you.”

Although the judge said a pre-sentence investigation showed that Vince Bivens had never before had legal trouble and “lived an exemplary life,” she proposed sentencing him to 4 years in prison and suspending that term on various conditions.

“One condition is that the defendant spend 365 days in the Orange County Jail, and I can tell you that jail time is much worse than prison time,” she said.

Anderson further proposed requiring Bivens to pay back all “out-of-pocket expenses to the victims . . . all expenses not reimbursed by insurance.” She noted that Bivens also would lose his driver’s license for 3 years, be placed on 5 years’ supervised probation and be under court order never to drink again or take any drugs. He also would be required to attend AA meetings and to make speaker appearances about the dangers of alcohol.

The prosecutor said she found the proposed sentence appropriate. Bivens, after conferring with his attorney, Mike Meza, also agreed to the sentence. Later, Anderson issued a formal sentence and ordered him to enter jail May 19.

Relatives of the accident victims said outside the courtroom that they found the sentence to be a just one. “I think the judge was very fair,” said Sean Evers, a brother of two of the accident victims.

Paul Codispoti said: “Our family never had anything against the defendant. We believe that Carl has gone on to where the rest of us will go some day. In asking that (Bivens) be required to speak to groups about alcohol, I was just hoping that something positive could be made to come out of this tragedy.”