A Pueblo man was sentenced Thursday to nine and a half years in the Colorado Department of Corrections in connection with a vehicular homicide last year.
Danny Espinoza struck and killed 55-year-old Jonathan Weinell on June 13, 2023. He pleaded guilty to the crime in February in exchange for all other charges against him being dropped.
Espinoza was originally charged with vehicular homicide along with driving under the influence, careless driving causing death, and failure to remain at the scene of an accident involving death.
During the sentencing Thursday, Wade Weinell, Jonathan Weinell's brother, said that he missed his brother, and so do his sons, the victim's nephews.
Weinell stated that he hoped the court would deliver justice for his brother.
Kala Beauvais, deputy district attorney for the 10th Judicial District Attorney's Office, stated that the community lost someone in the crash that claimed Weinell's life and that while no sentence would bring him back, justice needed to be served in the case.
Beauvais also noted that Espinoza had a lengthy criminal history and had a high risk of reoffending based on pre-sentence examinations.
Beauvais also brought attention to the fact that Espinoza allegedly attempted to leave the scene of the crash that killed Weinell, having to be compelled to come back by bystanders.
Finally, she pointed out that Espinoza allegedly had a high level of stimulants and narcotics in his system at the time of the crash, namely 140 nanograms of methamphetamine and 13 nanograms of fentanyl.
Weinell's brother remembers him as an intelligent and kind person
After the conclusion of the hearing, Wade Weinell shared with the Chieftain some of his memories of his brother.
"Jon was a very intelligent person, to the point of being a little quirky," he said. "He was very insightful, he always gave great advice. He made observations that always overwhelmed me with how insightful they were. He knew a lot about the world."
Another family member noted that Weinell "marched to the beat of his own drum."
Of the sentence, Weinell stated that he was satisfied but he "can't help but feel bad for everyone."
"I feel bad for Mr. Espinoza, and I feel bad for us," he said. "If I could, I would make the whole thing undone. It's never a happy time when someone goes to prison, and it's never a happy time when someone dies."
Weinell believed that if any consciousness remained in his brother in the seconds after being struck by Espinoza, his brother would have already forgiven his killer.
Defense claims trauma was a factor in fatal crash
Paul Jose, a public defender who represented Espinoza in the case, stated Espinoza was heavily traumatized by events in his childhood and his military service.
According to Jose, Espinoza grew up in a bad situation, with a father in and out of jail and multiple domestic abuse cases filed against his mother.
As an adult, Espinoza joined the United States Marine Corps and saw some of the bloodiest fighting of the Iraq invasion, including the battles of Baghdad and Fallujah — the latter of which saw some of the bloodiest urban combat since the Vietnam War.
During the war, Espinoza saw friends and fellow Marines die and was injured badly by shrapnel. It was while recovering from this injury, Jose said, that Espinoza learned to deal with his trauma and his pain through stimulants and narcotics. Additionally, after Espinoza's enlistment expired, the military invoked a stop-loss policy on his enlistment, extending his service.
"He was unwilling to do that, because he needed more time with family and to recover from the trauma he received," said Jose. "As a result, he was court-martialed and dishonorably discharged. As a result, he's had difficulty getting treatment."
Jose also noted that in jail, Espinoza has taken advantage of a medically assisted treatment program, which he plans to continue regardless of the length of the sentence imposed.
Jose characterized Espinoza as respectful, intelligent, and remorseful for his actions. He stated that while Espinoza attempted to leave the scene, it was simply a "fight or flight" reaction. Jose emphasized that no one had to physically force Espinoza to come back and he cooperated with police.
In a statement on his own behalf, Espinoza apologized to the family of the victim and to the Pueblo community. He stated he feels deep remorse for what happened and wishes every day that he could take back what happened.
Judge Allison Ernst stated that she believed he was remorseful but reiterated that a life had been taken because of his actions. Ernst also noted that Espinoza had been wanted for a probation violation in another case when the crash occurred. She stated that even with the maximum sentence of 10 years allowable under the plea agreement, Espinoza would not be in prison for the rest of his life.
As such, Ernst sentenced Espinoza to nine and a half years in prison.
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