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CASTLE DALE — Agustin Iturrio was so emotional while talking to the court he needed help reading his statement — telling the judge how the loss of his wife turned their kids' lives upside down. Carma Iturrio was killed in an auto-pedestrian crash in May, the driver was sentenced on Thursday.
Agustin Iturrio said it is devastating to know his kids will not have their mom with them and it breaks his heart to hear his daughter cry herself to sleep.
Brock Braxton Lee Allred, 21, of Elmo in Emery County, pled guilty on Oct. 5 to negligently operating a vehicle causing a death and obstruction of justice, both third-degree felonies; and underage drinking, a class B misdemeanor.
On May 22, Allred was driving a truck and hit the Iturrios in an auto-pedestrian crash that injured the husband and caused the wife's death. Allred's blood-alcohol content was over the legal limit at the time. Officers said he told them he looked at a house for a split second before looking back at the road and seeing the two people, he attempted to swerve to miss them but was not successful.
Carma Iturrio's parents and sister also spoke to 7th District Judge Jeremiah Humes — her mom through a pre-recorded video — and told him they lost an important part of their family.
"What you've done has impacted everybody's lives. You've taken a daughter, mother, wife, sister and friend way too soon. I will never be able to see her again or hear her voice. ... I never got to say goodbye," said Judy Colby, Carma Iturrio's mom.
Colby talked about how it hurt to go see the smashed truck, to walk through the crash scene, to see where her daughter landed and her daughter's shoes and to later hear that she had passed away.
Carma Iturrio's father, Scott Brunson, said Allred ran like a coward after the crash, not thinking about the mother and wife he took away.
"He needs to be stopped, and he needs to be stopped now," Brunson said.
Humes sentenced Allred to up to five years in prison for each felony charge and six months in jail for the misdemeanor, which would run consecutively. However, he suspended those sentences and instead ordered Allred to spend one year in jail, with credit for the almost eight months he has already served, and 60 months of probation.
Humes said Allred's actions are unacceptable and he would not hesitate, if the probation conditions are not met, to send Allred to prison. But he said he hopes Allred will make changes, and he decided to give a sentence that would allow the court to hold Allred accountable for the longest amount of time.
"The lives of the Iturrio family, your family, and your life are changed forever," Humes said.
Some of the conditions of Allred's 5-year probation include substance abuse treatment, no law violations, an ignition interlock on any vehicle he drives, 500 hours of community service, no alcohol and no associating with people using alcohol.
Allred was also emotional as he expressed sorrow and regret to the judge and others in the courtroom. He said he is sorry for the pain he has caused.
"I will spend the rest of my life regretting my choices," he said. "I would do anything to go back and change my actions."
Aaron Lancaster, Emery County deputy district attorney, showed the court multiple videos obtained from Allred's phone showing him drinking alcohol before he turned 21, often inside a car. He said the photos and video show this was not a "one-time unfortunate incident," but a pattern.
The attorney said directly after the accident Allred's thoughts were on avoiding responsibility instead of providing aid to the victims. He said Allred asked someone for coins to hide the scent of alcohol on his breath and asked another person to take the breathalyzer test for him.
Allred's attorney, Matthew Jube, defended his client's actions, although he said they agree on the current charges. He said Allred didn't know how to do CPR and the only thing he could have done is call for help. He said there is no sign the truck crossed the line, all skid marks are inside his lane, and although his client had more alcohol in his system than the legal limit, he appeared to have good balance on the field sobriety tests.
He said Allred has taken advantage of everything he can at the jail and is trying to show that he has put alcohol behind him.
Jube said the videos shown by Lancaster did not show his client drinking and driving at the same time, and said they show a lot of kids at that age are doing similar things.
Lancaster responded that downplaying what was shown in these videos is a problem.
Humes agreed that social media posts glorifying underage drinking and misleading people about consequences is problematic, although it is not a factor in the sentence.
"You should be ashamed of that content and what it suggests, and what it may have contributed to other people's behavior," Humes told Allred, encouraging him to think about how social media use can impact the community.
This is not the first time Allred has been called out in court for actions on social media. In 2019, Allred served one year of probation after he pled guilty to making an attempted threat of terrorism. Prosecutors say he threatened on social media to shoot people at a community swimming pool.
