Judge's Decision Disapppoints D.A.
District Attorney Jan Scully announced that she was disappointed with the decision of the Honorable Thadd Blizzard who sentenced Daniel Milburn to 365 days in jail with 30 of those days at a residential treatment in Tennessee. Milburn pled no contest to felony driving under the influence of alcohol causing injury with a great bodily injury enhancement.
Monserrat Garcia was stranded on the shoulder of northbound 99 with her two daughters, ages 2 and 7. Monserrat called her father Soloman Garcia and a tow truck. Solomon arrived in his Nissan Titan and Monserrat and her daughters got into his truck, which was parked behind her disabled Hyundai Elantra.
Jose Mirazo arrived in his tow truck and was in the process of hooking up to the Elantra when a Dodge Ram pickup driven by Milburn struck the rear of the Nissan causing a chain reaction. The Titan was flung into the Elantra, which was then flung into the tow truck. Jose Mirazo and Soloman Garcia were crushed between the tow truck and the Elantra.
Milburn failed multiple field sobriety tests the night of his arrest and a subsequent blood test revealed his blood alcohol level (BAC) was .20%. Milburn admitted to drinking and driving, but downplayed the level of his impairment saying he had only consumed four glasses of beer, which is clearly false given his BAC.
Monserrat and her daughters suffered bumps and bruises, while Soloman Garcia suffered a broken rib and an injured disk in his back. Jose Mirazo suffered three fractured ribs, a collapsed lung, a torn tendon in his right knee, a broken left kneecap, and a laceration to his head that required stitches. He spent 10 days in the hospital, was in a wheelchair for three months after his release, and needs more surgery on his leg. Due to his injuries, he is unable to work and his towing business is suffering as a result.
The People's offer was 5 years, 4 months in prison. At the preliminary hearing Judge Blizzard resolved the matter for probation over the People's objection. At the time of the plea, Judge Blizzard indicated that he would at least remand Milburn to serve 365 days in jail as a condition of probation. However, at sentencing Blizzard granted the defendant's request to serve 30 of those days at a residential treatment facility over the People's objection and after the most seriously injured victim, Jose Mirazo, told probation he thought the offer was unfair and just a "slap on the wrist."