Sentencing; State vs Cruz - May 28, 2008

Wednesday morning, we attended the sentencing for Efrain Vicente-Cruz, the individual responsible for taken my mother's life.

Preparation for the sentencing had been ongoing since the beginning, but particularly in the past 3 weeks as we have been collecting letters, reviewing what we wanted the judge to know about mom, meeting with court representatives, reviewing the accident details, ordering photographs, putting together a DVD presentation (THANKS Nikki!) and putting together a written statement of our loss. It has been quite consuming and often left me feeling sad and depressed.

Once at the sentencing, in the following order, we addressed the judge; David Kriser, Eldon Lewis, Pennie Lewis, James Causey, Shilo Causey, Joe Causey, Angel Kriser, Bob Weber and Bruce Weeks. It was very touching, everyone poured their hearts. The courts bailiff was obviously touched and was continuously wiping away the tears.

Next, we watched the DVD presentation. Then the judge heard from the defendant’s family and friends (3 people). Finally, the attorneys spouted some legal mumbo jumbo and the defendant was given the opportunity to address the court. Following the defendant's plea for mercy and forgiveness, the judge ordered the defendant serve the maximum sentence of 14 years in prison for his crime.

This was my plea to the judge:

Good Morning Your Honor, my name is Angel Kriser, I am Marjorie’s youngest child, her baby.

This morning I would like to share something’s about my mother; she was the mother of 4 and the grandmother of 16. She was a widow and had remarried 9 years ago. She had an associated degree and was a certified paralegal. She completed her education while working full time and raising her 2 youngest children (myself and my brother Joe). She enjoyed reading, sewing, gardening, watching Wheel of Fortune and spending time with family.

My mother taught us that family is the most important priority, she taught us responsibility, honesty, charity, independence, integrity. She taught us how to make decisions and how to work. She taught us consequences. She was the ultimately example of how to be a parent by making time for your children, letting them be little and working hands on with them to teach them.

Simply put, I don’t know how to live without my mother. She was my rock and I leaned on her for support often. She was a silence source of strength in my life. Her existence offered me security and comfort. She was a trusted friend, someone I enjoyed spending time with and whose advice I respected. She was my teacher, my example for who I wanted to become like.
For the past year and a half, mom was also my neighbor. It was wonderful, like a dream to have her so close and to be able see her so frequently. Now is stare across the street at her empty house and cry …

She was my only living parent. My father passed away from illness 17 years ago. The little girl inside me clung to her. She absorbed my pain and heartaches. The pain is so intense it hurts to breath. This has left me totally shattered on the inside. Physically I am weak and frail. I have lost a tremendous amount of weight and continue to do so. I am under the care of a physician, a therapist and am taking antidepressant medication.

I am the mother of 4 small children; ages 8, 3, 2 & 10 months; I am only able to meet their basic needs. They are suffering from the loss of their grandmother and the emotional loss of their mother. I ache more when I see that they are suffering and I am not able to care for them as I once did.

Without her we have lost so much of our family history. She was the only living among my parents and grandparents and though I have heard some stories of their childhood, lives and history in general, I am left only wishing that I would have asked to hear more about them and written down these stories.

When mom was diagnosed with Cancer in 2003 and we were faced with the possibility of losing her I refused to think of it because the thought of life without her was unbearable, so we fought, as hard as we could we fought for her to live. She underwent treatment for a year. The side effects of chemotherapy and radiation were terrible, but she survived and had a clean bill of health.

The timing of this tragedy made it even more difficult. Mom was killed 8 days before Christmas and was laid to rest on my husband’s birthday. For 4 months, my mother & I had been planning a surprise birthday party for him. Instead of a surprise party we had her viewing.

As a family and a community, we are left devastated and shaking our heads asking the question, Why? This was a tragedy, a preventable tragedy that resulted from careless choices. Pursuant to the interviews that the Detective had with Mr. Cruz, he had traveled to Queen Creek for work that Monday morning. Once he arrived he was informed that there was no work and so he made the choice to hang out and drink with a friend. He drove to the liquid store and made the choice to purchase alcohol; he parked and made the choice to then drink the alcohol with his friend. He further made the choice to drink so much alcohol that he became intoxicated, 3 times the legal limit. When he was finished having a good time, he made the choice to drive himself home. Once on the road and clearly unfit to drive, he made the choice to continue his travels and endanger those around him. Ultimately, he’s choices resulting in the taking of my mother’s life.

So I pose the question what choice did my mother have? What choices do we get? My husband had the choice of whether to tell me the devastating news over the telephone or in person. My sister and I had the choice of whether we wanted to see her mangled body and dress her for her funeral. My brothers had the choice as to whether they wanted to carry their mother’s casket. As a family we had a choice of what we wanted her headstone to look like.

This was more than a mistake or an error. This was not an accident. He intentionally and willfully became intoxicated and then endanger the lives of others by getting in his vehicle and attempting to drive home when he knew he was a danger. Perhaps he did not set out to kill my mother, but by drinking to excess and casually driving, he knew or should have known that it was a reality.

So what then are the consequences for his choices? He has taken a human life, the most valuable gift of life it’s self. There is no restitution, she is gone and though we have poured out our hearts and pleaded with the Lord, we cannot recall her. His choices have altered our lives and the lives of our children. Its affect will reach generations that will never know her goodness, her love, or her pure heart.

Perhaps he is sorry for his choices? Perhaps he feels regret? No one will feel sorry for or regret his choices more than us her family that live each day physically aching for her in our lives. Every day, every event, every holiday that is spent without her is painful. Physically, emotionally, mentally and spiritually painful!

I will not refer to justice for I do not believe that that will occur today for his suffering will never equal ours. His punishment will never fit his crime. We do not seek revenge or vengeance, we seek accountability and consequences for his choices.

We are God loving, forgiving people. We know that for true healing and recovery, ultimately we must forgive and leave it in the Lord’s hands. However, there is a difference between forgiveness and consequences. Forgiveness is to pardon his careless choices. Consequences are the penalty or cost of his actions.

At this time, I respectfully request that the court order the consequence for his actions to be the maximum sentence of 14 years punishment.

Thank you for your time.