Man Given Maximum of 10 Years in Killelea Death

A young man who drove into a Newport Beach mother of three, killing her in an alley on Balboa Peninsula last Sept. 1, was sentenced to 10 years in prison Tuesday.

Orange County Superior Court Judge Luis A. Cardenas pronounced the sentence after hearing 2 hours of emotional testimony that included tearful courtroom statements from both the victim’s husband and the driver, 19-year-old Danny David Ornelas.

“It is with a heavy heart that I do this, Mr. Ornelas, but I must do what I must do,” Cardenas said.

The victim, Debbie Killelea, 37, had been involved in local community efforts to slow speeding traffic on the crowded Balboa Peninsula, and her violent death just before

Labor Day weekend in an accident involving a drunken young man caused an uproar.

The case later took a bizarre twist when it was learned that a passenger in Ornelas’ car had recorded the accident on a video camera. The eerie tape showed Killelea trying to run out of the car’s way as it bore down on her. Her two young sons are seen in the videotape watching in horror as the car nears their mother. They escaped injury.

Ornelas, who was found to be legally drunk at the time of the accident, has been in Orange County Jail since his March 20 jury conviction for gross vehicular manslaughter.

Brian Killelea, 40, the victim’s husband, took the witness stand Tuesday morning to tell the judge how the tragedy had affected him and his three children.

Killelea did not testify during the 3-week trial in March. But the father said Tuesday that he wanted to be a witness to how drunk-driving, such as in Ornelas’ case, can devastate the family of a victim.

“I am not a vindictive person; however, I represent the American family, and all I want is justice served,” Killelea said. He broke into tears on the witness stand as he spoke about his wife’s death.

Ornelas, of Huntington Park, who did not testify at the trial, also spoke for the first time in court Tuesday. The boyish-looking teen-ager, who was wearing an orange-colored County Jail jumpsuit, said that he was sorry for what happened, calling the death “tragic.” Ornelas, who appeared to be weeping, said he would do everything he could to try to make up for the offense.

Judge Rejects Study

Cardenas rejected a defense motion to have the matter studied by the state Department of Corrections before sentencing. The judge said he already had ample information. He had the option of giving Ornelas a 4-year, 6-year or 10-year sentence.

Ornelas appeared pale but stoic when the sentence was announced, but members of his family broke into tears and loud sobs.

The prosecutor, Deputy Dist. Atty. Thomas Goethals, later told reporters that he thought the sentence was fair. He said Ornelas must serve at least 5 years in state prison before being eligible for parole.

Ornelas’ attorney, Ralph Bencangey of Beverly Hills, said he will appeal the sentence, the conviction, or possibly both. “I haven’t decided, but I’ll probably appeal the sentence rather than the conviction,” Bencangey said in an interview. “It was an unfair sentence, but I think it’s what the community wanted. After all, this is Orange County.”

In court, Bencangey argued that wide media coverage of the Ornelas case had unfairly prompted community pressure for a tough sentence. Had it not been for the unusual videotape, Bencangey said, the fatal accident would not have drawn such widespread attention and “never would have resulted in a murder charge against my client.”

Ornelas was charged with second-degree murder in Killelea’s death, based on the allegation that he did not brake the speeding car, despite seeing Debbie Killelea and her two sons walking in the narrow alley.

After 5 days of deliberation, the jury rejected murder and convicted Ornelas of gross vehicular manslaughter while intoxicated. The jury at one point declared itself hopelessly deadlocked before finally reaching its verdict. Had Ornelas been convicted of second-degree murder, he could have been sentenced to up to life in prison.

In court Tuesday, Bencangey pleaded with the judge for either probation or the minimum sentence for Ornelas. Goethals argued for the maximum penalty.

“This case is an all-American nightmare,” Goethals said. “A mother, a pillar in the community, leaves her house and is killed as she walks near her home. . . . This case strikes a broad nerve in everybody.”

Bencangey noted that Ornelas had no prior criminal record. The defense lawyer said the strong alcoholic beverages that Ornelas and two young companions were drinking at the beach on Sept. 1 were the root of the tragedy. The three men, according to testimony, had been drinking 151-proof rum and strong malt liquor during the day. Ornelas was found to have a 0.18 blood-alcohol level, which is almost twice the 0.10 level that state law mandates as proof of intoxication.

“The evidence in this case was that a very decent person did a very horrible thing in a few minutes that day,” Bencangey said. Bencangey also claimed repeatedly that intense media coverage blew the case out of proportion.

Cardenas said he was not influenced by media coverage. “Whether the media takes an interest in a case is not a factor,” he said. “The court sentences according to law and to the facts.”

The judge said the severity of the crime was something that he could not overlook.

“Once a life is extinguished, it is irretrievable,” Cardenas said. “I think that is the factor in this case which highlights the catastrophic nature of what happened.”

The judge ordered Ornelas to stand as he pronounced sentence. A female relative of the young man broke into hysterical sobs in the courtroom as the judge gave the maximum sentence. Ornelas’ father and mother clasped each other and bowed their heads.

Says Sentence Was Just

Outside the courtroom, Brian Killelea told reporters that he thought the judge’s sentence was a just one.

“I feel what the judge said truly hit home,” Killelea said. “It doesn’t need to be your second crime to be able to be punished to the maximum. A definite statement has to be sent to these young people.”

Manuel Ornelas, the father of the convicted man, said outside of court that he was sad and disheartened.

“I have a good work record, and my son has a good record,” Ornelas said. “Something like this has never happened before to my family. Danny is not a criminal. He does not deserve jail.”