Evan M. Anderson, 25, was the driver who pulled into a vacant parking spot in Ocean Beach, and in the process caused the death of Tracy Condon, 59, who was sitting on the curb at Santa Monica Avenue near Sunset Cliffs Boulevard around 5 p.m. that November 4th. Condon at the time was experiencing homelessness.
Anderson immediately left his 2002 Toyota Tundra truck at the scene and fled on foot. Police arrested him when he later returned to the scene to get his truck.
San Diego Superior Court Judge Marian Gaston, during the April 20 sentencing of Anderson, sentenced him to 270 days in a work furlough project for the hit and run. She also placed the defendant on two years’ probation and ordered him to pay a fine of around $1,000.
Anderson had earlier pleaded guilty to felony hit and run and possession of laughing gas.
Judge Gaston allowed Anderson to remain free on bond until he reports for the work furlough project on May 12. His job qualified him to be placed on the project, on which he will be free to work days, but he will be locked up at night and on weekends.
“This is a terrible, tragic accident,” said Gaston, noting that Anderson was not charged with DUI or vehicular manslaughter. What he’s charged with is leaving the scene of an accident,” said Gaston. “He is remorseful. He did take responsibility early on.”
The daughter of the victim started to speak to the judge, but could only say a few sentences before she became too tearful to talk. A relative of Anderson silently mouthed the words, “I’m sorry for your loss,” to the daughter from her seat in the courtroom.
Anderson’s lawyer, Joshua Price, filed an 85-page report to the judge citing his remorse, background and family support.
The prosecutor, whose name is coincidentally Evan Andersen (spelled differently than the defendant), urged the judge to impose a two-year state prison term.
“Mr. Anderson took a life and decided to run,” said the prosecutor, who added that it was “important to have consistency in sentences” as compared with other hit-and-run cases. Andersen also suggested to Gaston that if she ruled out prison, she should at least impose a term of 365 days.
News source: Times of San Diego
Moral of the story, feel free to flee the scene of a crime if you promise to be remorseful in front of a judge. The sentence definitely does not fit the crime in this case.