What is wrong with our justice system? A Los Banos resident, Gilbert Fuentes Jr., pleaded guilty yesterday to vehicular manslaughter charges and was sentenced by the judge to 360 hours of community service. On November 30th, 2008 Mr. Fuentes was driving west bound on Highway 152 at an excessive speed for the weather conditions. His wrecklessness caused the death of my only brother, Mauricio Inocenio Diaz, 24, and caused my cousin, Antonio Franco, 17, to be paralyzed from his chest line down for the rest of his life at the last stoplight heading westbound on Highway 152. The place is marked with a wooden cross by Merced Community College. The judge allowed us to speak and share with him how the loss of my brother's life has impacted us. We shared our tears, deepest emotions, and feelings and were disappointed to hear that the judge valued my brothers life, a productive member of society, CSU Fresno alumni, recently accepted to Masters program, at 360 hours of community service.
Mr. Fuentes walked in to court past us with an arrogance and confidence that was disgusting and leaves me with a very sour taste in my mouth. In the court, he didn't have enough respect to even write out a speech expressing his so called remorse, and his demeanor was not one of a man full of remorse. To me he seemed unrepenting and cocky which has not sat well with me. Mr. Fuentes had already been communicated that if he pleaded guilty he would receive an indicated sentence of 360 hours of community service so he came in confident that, although the family of the victim was going to request some jail time to allow him to reflect on our words, he would not serve any jail time.
As the brother of Mauricio Inocencio Diaz I warn all Los Banos residents that Mr. Gilbert Fuentes Jr., a convicted vehicular manslaughter criminal is free and loose in your community. His wrecklessness and failure to adhere to safety rules caused the untimely death of my brother and paralyzing my 17 year-old cousin, however I warn it could be one of your loved ones next time he chooses to drive in the same wreckless manner since he has been allowed to continue to drive and live amongst you in Los Banos. Justice was not served in the Merced County Superior Court in Los Banos however justice will be served one day when he stands before the highest and fairest judge of all.
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The man that hit both boys
The man that hit both boys (who police will not identify) was not even cited for this inicident. No ticket, no arrest, no justice. As a new member to this community I am dissapointed that nothing will happen to this murderer and he too will walk and drive the streets just as Mr. Fuentes. These are innocent men and children who were doing nothing wrong and did not deserve death. Nor there families to suffer. Ed Hardy | Ed Hardy Clothing
Los Banos Forum
First and foremost, my heart goes out to the Daiz family and for your loss.
When hearing of this horrific accident, my curiousity got me-I reviewed the police report- and found that this was a horrible freak accident to say the least. The report states so many indifferent facts, and contradicts itself from the beginning to the end of the report. It clearly states that Mr. Fuentes was driving under the speed limit- It also states that there was a visible view of fog in over 300 yards which is 3 football fields long. How can that be if the report states that the motorists should be driving at a SAFE speed due to the weather conditions? 3 football fields is clearly visible to anyone that is driving in either normal or foggie weather. So- it is my understanding and review that this report is not consistant to the accident. .
If Mr. Fuentes was driving under the speed limit, and there was a visibility of 300 yards, do you really think in all honesty Mr. Fuentes wouldn't of slowed down even more and come to a stop? Of course he would have, in this case there was NO drugs, NO drinking NOT under the influense of any medication for the defendant Mr. Fuentes. This was a horrible unfortunate accident.
The report also does NOT state Mr. Fuentes was driving in a wreckless manner. and I do believe according to the Merced County Superior Court of Los Banos, this was reminded to the court that this was ruled an accident. And I do not believe that anyone would find Mr. Fuentes to be arrogant or confident in anything that reflects this horrible accident. With all do respect to the Diaz family-
am very sorry for your loss
IF MR. FUENTES , DID THIS IN STOCKTON , OR MODESTO, HE WOULD OF GOT TIME FOR THIS I KNOW FOR SURE,, THIS GUY FUENTES , SHOULD OF DID SOME TIME IN JAIL MAYBE LEAST 5 YEARS,, WHO GOING TO PAY FOR 17 YEAR OLD MEDICAL BILLS ??? I WILL JUST PRAY FOR 17 YEAR OLD BOY ..FOR FUENTES JAIL WILL WAIT FOR HIM SOMEDAY .
Similar Accident
Dear Justice Seeker:
First of all I am very sorry for the tragic loss of your brother and permanent effect of your cousin.
I am unsure if you have heard of a similar story in Los Banos that just happened on 09/22/2009. A group of children were riding there bikes on Pacheco Blvd (Highway 152) and were attempting to cross at the Food 4 Less shopping center intersection. Two of the boys ages 5 and 10 were on 1 bike (the 5 year old was standing on the back pegs), when a man ran a red light and hit both of them, sending them flying 20 feet into the air. I am one of the witnesses and one of the first people that ran and tried to help. I saw everything from start to finish. The pulled over immediatley and sat on the curb. He was totally unremorseful for his wrong doing and never attempted to even see if either of the boys were okay. Both boys were airlifted to different hospitals. The 5 year old whose name is Alex was pretty much purnounced dead on impact and was revived and remained on life support for 2 days for organ donation. The 10 year old suffered minor injuries and was released the next day.
The man that hit both boys (who police will not identify) was not even cited for this inicident. No ticket, no arrest, no justice. As a new member to this community I am dissapointed that nothing will happen to this murderer and he too will walk and drive the streets just as Mr. Fuentes. These are innocent men and children who were doing nothing wrong and did not deserve death. Nor there families to suffer.
I would love to get into contact with you and have you talk to the family of Alex. I am sure there are similarities in the incidents and maybe we can take this up a step. This county must make these murderers pay for the tragic events they have caused and so many lives they have ruined.
Thank You,
In Memory of Baby Alex
Sorry for your loss
This is very sad news. I do not know all the facts or what you mean by wrecklessness, but obviously a tallented young man was lost and another must live the remainder of his life with a handicap that will impact him and his family and friends.
I understand the anger you must feel to Mr. Fuentes. And your description of his behavior in court is also disturbing. 360 hours of community service seems a minor punishment for the loss.
Since nothing can reverse the damage, I wonder what is a fair punishment?
I also wonder how safe was the design of the intersection at the college?
Could Cal-Trans be a contributing factor in this accident? Was this a bad location for the school?
I pray Mr. Fuentes learns from his mistakes and never does this again since it appears he has caught a lucky break unlike his victims.
I pray the Diaz family can someday find peace with their loss, but not take justice in their own hands and leave it to God and his judgement.