Posts Tagged ‘DUI’

21st January
2009
written by JHiggins

The Rincon’s are good friends of mine and I’ve been involved with this case from the very beginning.  I couldn’t image such a tragic event befalling any family but this family took on the tragedy with tremendous courage and community support. The Rincon’s had people scheduled for the audience at the trial, we all had shifts and times and alternates filled in as needed. The sentencing was moved to the Board of Supervisors chamber to accommodate the crowds.  Judge Feilds and the Prosecuting attorney Mark Deibolt did an amazing job of presenting the case.  My prayers are with the Rincon’s.

DUI driver gets 14 years for killing young cyclist

Family members recall Jose Rincon Jr., 14, as a kind, bright boy
By Kim Smith
Arizona daily star
Tucson, Arizona | Published: 01.21.2009

When Jose Rincon Sr. first met prosecutor Mark Diebolt, he told him how much time he wanted Glenda Rumsey to serve in prison for killing his only son.

“Jose was 14 years, one month and one day old when he died. I told him that if she does one day less that that, it wouldn’t be fair,” Rincon said.

On Tuesday, Pima County Superior Court Judge Richard Fields sentenced Rumsey to 14 years in prison and gave her credit for 56 days she’s already served in jail. She can be released after serving 85 percent.

Fields said that while he could have sentenced Rumsey to consecutive sentences for killing Jose Rincon Jr. and hurting his friend, Oscar Perez, he didn’t want to “bolster” the appeal that will be filed by Rumsey’s attorneys.

So, Fields sentenced Rumsey to 14 years for manslaughter and 13 years for aggravated assault and ran them concurrently. He also ran three, six-month driving-under-the-influence sentences concurrently.

Rincon called the sentence “bittersweet.”

“It’s time to move on. We’re not going to be bitter, and we’re not going to be disappointed. It’s time to go on and do something constructive to honor my son,” Rincon said.

According to authorities, Jose Rincon Jr. and Perez were riding their bicycles east on Broadway near Vozack Lane on the East Side around 7:20 p.m. Jan. 12, 2008, when Rumsey struck both teens with her car.

The evidence showed Rumsey had a blood-alcohol level of 0.249 two hours after the crash. The legal limit in Arizona is 0.08.

Rumsey’s sentencing hearing was moved from Pima County Superior Court to the Board of Supervisors meeting room to accommodate the 300-plus people who showed up to support the Rincon and Perez families.

Before sentencing Rumsey, Fields watched a multimedia presentation showing the boy’s life and listened to his parents, his grandfather, Rodolfo Bejarano, and his sisters, Julissa, 8, and Gabriela, 16. He also heard from Perez and Rumsey.

An emotional Rumsey said she will regret the day of the crash the rest of her life and realizes Jose Rincon Jr. died because she made poor decisions.

“I had no right driving that night. Jose Rincon was in the right, and I was in the wrong,” Rumsey said.

Had someone killed her 10- and 12-year-old children, she would feel the same anger as the Rincons, Rumsey said.

The Rincon family spoke of Jose Rincon Jr.’s intelligence, talent, kindness, athleticism, his stubbornness and his penchant for wearing socks three or four days in a row.

When told he was spoiled for complaining about not getting a Wii his last Christmas, he grinned and said, “You know what Mom? You’re spoiled. Do you know how many moms would love to have a kid like me?”

The thing was, Jose Rincon Sr. said, it was true.

Jose Rincon Sr. also spoke of getting the phone call about the crash, rushing to University Medical Center, watching his wife buckle upon learning their son was dead and of his family’s struggle to forgive Rumsey.

Rumsey was taken into custody twice after her arrest because she continued to drink and she has shown no remorse, Jose Rincon Sr. said.

Julissa Rincon told Fields the thing she misses the most is sleeping with her big brother.

“He was a good cuddler, like me,” Julissa Rincon said. “I wish you could’ve met him. You would’ve liked him. Everyone did.”

Gabriela Rincon said she and her brother were two halves of a whole. They played in a mariachi band together, shared friends, went to school together and stayed up until 3 a.m. talking and watching movies.

The teenager told Fields no matter what sentence he imposed, it would be nothing like the sentence Rumsey imposed upon her family.

Adriana Rincon described life without her son as a life without flavor. Many days she has to force herself out of bed for her daughters.

Although Rumsey will be in prison, she will be able to hear about her children’s lives, Adriana Rincon said.”On this Earth, I’ll never have that privilege again,” she said.

Jose Rincon Sr. remembered one of his last conversations with his son. It was a text message from Jose Jr. asking if he’d bought the Jonas Brothers concert tickets yet.

He had. He delivered them to Jose’s friends at his funeral.

 

Contact reporter Kim Smith at 537-4241 or kimsmith@azstarnet.com.

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