Driver accused of hitting girls is sued
Last Modified: Wednesday, January 14, 2009 at 9:59 a.m.
The father of two teenage girls seriously injured by a suspected drunken driver has filed a lawsuit against the driver.
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The complaint accuses Michael Tweedie, 35, of negligent infliction of emotional distress on behalf of Asifredo Pineda, who witnessed his daughters' injuries Jan. 3 on Yulupa Avenue.
Tweedie -- who has three prior DUI convictions in Sonoma County -- is due in court this morning to enter a plea to two counts of hit-and-run, felony drunken driving causing injury and reckless driving. He remained in Sonoma County Jail on $190,000 bail.
He is accused of crashing his truck into the girls as they waited at a Santa Rosa bus stop.
In court last week, Tweedie's attorney met privately with a judge and a prosecutor for more than 30 minutes to discuss possible options for resolving the case before the lengthy pretrial hearing process begins.
But prosecutors said they will not offer Tweedie any lesser charges.
"As far as any type of resolution to the case goes, we will not accept anything except a plea of guilty to all counts charged," said Chief Deputy District Attorney Rob LaForge. "And we will be seeking the maximum possible penalty under the law."
Conviction on all charges could mean several years in prison for Tweedie. Two of his three convictions have come within the past decade and can be counted as prior offenses in sentencing.
Santa Rosa police said Tweedie, who has a lengthy criminal history involving alcohol, drugs and weapons, was drunk when he crashed his Ford Ranger truck into another vehicle along Yulupa Avenue.
The truck flipped and careened into members of the Pineda family, who were waiting for a bus to go visit a sick relative on the other side of town.
One of the girls, Cruz Pineda, a 13-year-old eighth-grader, remained at Children's Hospital in Oakland, where she is being treated for serious head injuries. She is conscious.
Her sister, Deysi Pineda, a 15-year-old Montgomery High School student, is recovering at home from broken bones.
The Pinedas' attorney, Bob Bone of Santa Rosa, said the complaint on the father's behalf allows them to begin gathering information about the crash and to begin interviewing witnesses for further legal action.
He said a separate claim on behalf of both girls will be filed once the full extent of their injuries is clearer.
The family, including Pineda, his wife, Antonia, and the girls said they are thankful for the support expressed from the community.
Shortly after the crash, friends of the family set up a trust account at Exchange Branch for those wishing to help the family pay for their growing medical bills.
"They're already receiving bills, and they are astronomical," Bone said. "It's is nice that there is such support for the family.
"The public is justifiably outraged by what's gone on," he said. "It's remarkable this guy still has a driver's license."
Bone said Deysi and her mother have shown surprising compassion for Tweedie despite the damage he is alleged to have caused.
"Deysi is extremely forgiving," he said. "It's not even that she was angry and has overcome it. She harbors no ill will or anger or frustration toward Tweedie at all."
The girls' mother, Bone said, said she simply felt sorry for him.
The lawsuit seeks unspecified monetary damages against Tweedie for the emotional distress Pineda has suffered witnessing his daughters' injuries.
Bone said he has hired a private investigator and an accident reconstructionist to gather data about the crash.
A hearing has been set for May in the case.
You can reach Staff Writer L.A. Carter at 568-5312 or lori.carter@pressdemocrat.com.
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