Driver who hit sisters at bus stop admits to DUI
Tweedie pleads no contest, faces 10-year sentence in Santa Rosa crash
Published: Friday, January 23, 2009 at 4:30 a.m.
Last Modified: Friday, January 23, 2009 at 4:29 a.m.
A drunken driver whose careening truck crashed into two teenage girls who were standing with their father at a Santa Rosa bus stop admitted DUI charges Thursday and will likely receive a 10-year prison sentence, attorneys said.
Michael Tweedie, 35, pleaded no contest to two counts of hit-and-run, causing injury while driving under the influence and reckless driving, all felonies.
Judge Elliot Daum indicated he will order Tweedie to spend a decade in prison unless something unexpected surfaces before the sentencing hearing March 20, said Tweedie's attorney, Martin Woods.
Because the crimes are considered serious or violent felonies, Tweedie will have to serve at least 85 percent of the sentence.
Tweedie was arrested Jan. 3, several hours after police say he was drunk and his truck crashed, flipping several times and striking sisters Cruz and Deysi Pineda as they stood at a bus stop on Yulupa Avenue. Their father, Asifredo, narrowly escaped injury.
Cruz Pineda, 13, remains at Children's Hospital in Oakland with brain injuries. Deysi Pineda, 15, spent several days in Santa Rosa Memorial Hospital with serious injuries, including several broken bones.
The family's civil attorney, Bob Bone, said Cruz is responding to treatment but her long-term prognosis is unclear. She is expected to be released within a few weeks, he said.
Tweedie has three DUI convictions in Sonoma County and has completed court-ordered drunken driver's school three times. He has also been sentenced to short stays in jail and addiction treatment.
According to the criminal complaint, Tweedie's blood-alcohol level was 0.17 percent when he crashed the truck, more than twice the legal limit of 0.08 for driving.
"Mr. Tweedie wanted to resolve the case at the earliest possible stage. He accepted responsibility for what happened," Woods said. "It's a very tragic situation. Ever since the crash, he's been constantly praying for the girls and is extremely remorseful."
Prosecutors opposed Daum's indication that he will give Tweedie some credit for his plea, coming less than three weeks after the crash. A judge can count an early admission to charges as a mitigating factor in determining punishment.
The maximum possible prison term for all charges is 12 years and eight months, Chief Deputy District Attorney Rob LaForge said.
"We absolutely object to the indication from the court," LaForge said. Tweedie pleaded "to everything he was charged with, so there is nothing more we could have done in this case.
"We were asking for the maximum possible, and we will continue to ask for the maximum."
During the sentencing hearing, prosecutors will present what they consider aggravating factors that could trigger the longer term, LaForge said.
"The law allows a judge to consider an early plea as a circumstance in mitigation. Therefore, that's what we did," Woods said. "The judge, in consideration of that, had indicated a sentence of 10 years."
As part of his plea, Tweedie admitted causing injuries to the girls and committing two prior DUIs. A third DUI conviction is too old to be held against him legally.
The girls' father has filed a civil lawsuit against Tweedie alleging negligent infliction of emotional distress. A claim on behalf of the girls is expected to be filed once the severity of their injuries is clearer.
Bone, the Pinedas' attorney, said the family continues to show empathy for the man who injured the sisters.
Asifredo Pineda "wants to be sure that how much time (Tweedie) receives in prison is enough time that he thinks about what he's done, changes himself and that this never happens to another family," Bone said.
"They are hopeful that when Tweedie comes out he just flat out 'gets it' and doesn't do this again to another family."
You can reach Staff Writer Lori A. Carter at 568-5312 or lori.carter@pressdemocrat.com.
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