Reduced sentence imposed in fatal-rollover case

Prosecutors say an 18-year-old driver who rolled a van full of fellow illegal aliens, killing two last October, should have known that smuggling some 15 people in a van was reckless and dangerous. However, a federal judge disagreed.

During a sentencing hearing Wednesday for Noe Luna-Escanola, now 19, U.S. District Judge Dee Benson imposed a two-year prison sentence, less than half of the five-year sentence prosecutors were seeking for one count of transporting illegal aliens resulting in death.

The case stems from a rollover accident on Oct. 11 on U.S. 191 near Moab that ejected at least three of the van's 16 occupants, none of whom was wearing a seat belt. Later, law enforcement discovered members of the group were illegal immigrants smuggled into the country by a "coyote," 25-year-old Ramses Castellano-Lin.

Escanola told police he had been asked by Lin when the group was in Arizona if he could drive for a while. Shortly after the van crossed the state line, Escanola fell asleep at the wheel.

Federal prosecutors argued that although Escanola was not in charge of the smuggling operation, he should have known the danger in packing a van with 16 people and that it was illegal.

However Escanola's attorney, Scott Williams, argued his client should be held responsible for the accident that resulted in deaths, but should not be held responsible for the smuggling operation, since his client was picked up after the van had been loaded by Lin.

Culturally, Williams argued that in Mexico it is common to pack as many people into a vehicle for trips, regardless of maximum vehicle occupancy regu- lations.

Williams also cited the case of Isidro Aranda-Flores, who lost control of a car while transporting four other illegal aliens to Pennsylvania, hitting an oncoming car head-on. The accident killed one of his passengers as well as 19-year-old Travis Smith in the other vehicle. That accident took place 40 miles from Escanola's accident.

On appeal, a reckless enhancement was struck down by the 10th Circuit Court of Appeals, who found Flores' conduct did not recklessly create a substantial risk of death or serious bodily injury.

In court Wednesday, Benson said Escanola should not be held responsible for trafficking illegal aliens simply because he was asked to drive the van. Calling the case a "sad story," Benson also said there was little difference between the accident and any other in which the driver falls asleep.