CLEARLAKE — A man who pleaded no-contest in connection to crimes related to the 2010 vehicular death of Zino Mezoui was sentenced Friday to four years in state prison, which was the upper term for the Count 2, hit-and-run charge against him.
The sentence was handed down by the Honorable Stephen O. Hedstrom in South County Superior Court Department 4.
For the Count 1 charge of vehicular manslaughter with simple negligence against James Nightingale, 31, of Kelseyville, Hedstrom ordered a one year jail term to run concurrently with the Count 2 sentence. Hedstrom also ordered a concurrent one year sentence for Count 3, driving on a suspended license with priors for the same.
Hedstrom ordered consecutive sentencing in two other cases related to violation of probation and driving on a suspended license. In one case he ordered the maximum sentence of one year in jail and in the other he ordered the maximum of 180 days in jail. However, the judge cited credits due Nightingale for time served while he”s been in custody.
“He got four years in prison and he”s entitled to half-time. The court did what basically it had to do,” Deputy District Attorney John Langan said. The unfortunate thing about this is given the defendant”s record the only thing we can do at this point is get the legislation to amend the statute to provide additional penalty for a person who flees the scene of an accident where the person has prior convictions, such as DUI, within a 10-year period.”
Impact statements were provided to the court prior to the judge”s ruling, by Mezoui”s widow and his son. Janet Mezoui said there are times when she wonders if she will ever recover. She said her husband was a loving and caring man. “By not stopping to help and fleeing the scene, you displayed the kind of man you are,” she said. “The sentence in this matter should be the full, maximum term.”
Zino Mezoui, Jr. also requested the maximum term, citing that his father was his mentor and the voice of calmness, clarity and reason in his life. “I”m for you to live with your life experiences in the most positive ways. I hope one day you will be able to give to the community positively,” he said, adding however, that his loss is great and that he supports the maximum sentence for the man who took his father from him.
Nightingale took the stand Friday to offer a statement under oath. He said that he didn”t know what to do after the incident and indicated that he was in shock. Nightingale turned himself into authorities five days following the incident. He also offered his condolences and said he knows what the family is going through because he lost his mother.
Hedstrom said he wasn”t buying it. “I don”t think (Nightingale) really knows this family”s grief. He said over and over again he didn”t know what to do. I can”t buy that. You could have been there to do any number of things to help out,” the judge said. “Very clearly, anyone in that situation would know what to do.”
Hedstrom continued, “This court concludes that this defendant would be a danger to others if not in prison.”
Janet Mezoui said her family will continue to seek a change in the statute. “We are going to try to get the law changed so if somebody like Mr. Nightingale here, with all the priors he has, flees the scene there is an admission of guilt,” she said. “That will enhance the sentencing. These people need to be accountable for the lives they take and this defendant had no remorse.”
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 14.
