Earlier this year, I discussed how Gabriel Delrisco, a Homestead man accused of three counts of DUI manslaughter for the deaths of three children, had entered an open plea of guilty to the court in the hope that the judge would show some leniency.
Click here to read the previous blog posting.
If found guilty and convicted at trial, Delrisco faced (and likely would have received) 45 years in state prison.
Delrisco's toxicology tests revealed his blood-alcohol level at the time of the crash was .239, almost 3 times higher than the legal limit of .08. During sentencing, Miami-Dade Circuit Court Judge Rosa Rodriguez said he was giving Del Risco 10 years in prison for each child’s life that he took.
According to the Florida Highway Patrol, Delrisco had a long list of traffic violations, including driving under the influence. After his DUI conviction in 2001, his license was suspended for six months. He also had racked up at least 26 traffic infractions, half were moving violations.
Realizing the strength of the evidence against him, Delrisco and his criminal defense attorney felt that it was in his best interest to seek a court plea.
A court plea is when a defendant enters an open plea to the court and relies on the judge to impose a sentence. In this instance, the judge sentenced Delrisco to 30 years in prison, which was 15 years less than the maximum he had faced at trial.
Eric Matheny is a criminal attorney serving Miami-Dade and Broward. Call today to speak to Eric Matheny about your criminal case.