Luna and Cabrera to go to trial
Posted September 16, 2009 at 11:44 am in News
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Loading ...The husband and wife charged in the hit-and-run that killed a USC student and injured another will stand trial, a judge said Tuesday at the conclusion of the preliminary hearing that began Friday in Los Angeles Superior Court.
Claudia Cabrera, 30, and her husband Josue Luna, 33, will face trial at the end of the month. Cabrera was allegedly driving the car that struck and killed USC freshman Adrianna Bachan and left freshman Marcus Garfinkle in critical condition.
Prosecutors say Luna, the passenger pulled Garfinkle from the windshield and left him on the side of the road before getting back in the car and fleeing the scene.
Garfinkle testified at the hearing that he briefly saw the man who pulled him off the windshield before the car drove away.
“I wake up on the side of the road,” Garfinkle told the judge. “I see a man hop in a car and I stare at the license plate, but it immediately fades from my memory … It sped off quickly.”
Cabrera is charged with one felony count of leaving the scene of an accident and one misdemeanor count of vehicular manslaughter. Luna is charged with a felony count of leaving the scene of an accident.
“It’s apparent they did nothing to render aid,” said Judge Mary Lou Villar, commenting on evidence presented during the preliminary hearing. “They left the scene.”
Garfinkle, who is back at USC after undergoing three surgeries and spending more than a month in the hospital, said though he was pleased with Villar’s decision, he had mixed feelings about the hearing overall.
“I’m happy that it looks like more justice will be served,” Garfinkle said.
He added, however, that testifying was an emotional experience.
“I went to court for the first time last Friday to testify and, emotionally, it was tough for me,” he said. “I saw these two people for the first time face to face. I’ve never been to court before and it was a very, very draining process.”
Garfinkle described the atmosphere of the courtroom as a combination of “uncertainty, frustration and hope.”
Reliving the experience as he testified brought up feelings of “extreme sadness,” Garfinkle said, adding that he remains extremely appreciative for his life.
Garfinkle said he had not intended to testify, but he was subpoenaed the day before the preliminary hearing began.
Garfinkle gave his testimony in front of a courtroom filled with his and Bachan’s friends and family members.
“It was beautiful to have all the positive energy in the room fighting such a bad circumstance,” Garfinkle said. “I felt like there were so many people on our side.”
Friday was also the first time Garfinkle met Bachan’s family.
“It was emotional, it was satisfying to meet them,” he said. “It was nice to finally connect with them.”
Garfinkle will testify again at the trial, an experience he expects to be just as emotionally straining. He said, however, he is willing to do what it takes to see that justice is served.
“My main goal is to get justice for Adrianna,” Garfinkle said.
Cabrera and Luna are due back in court Sept. 29 for the trial.
Cabrera was arrested April 2 as the result of a tip that came after $235,000 in reward money was announced. Luna was arrested April 18 coming back into the United States from Mexico.
The two are being held on $1 million bail each.
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This article is tagged: claudia cabrera, marcus garfinkle, superior court
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