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AMERICAN FORK — An older sister rushed to the scene of a crash on March 4, 2022, where her younger sister and brother were both hit by a car while walking on the sidewalk.
"I was there. I saw you, I saw them," she told Alexis Javier Garcia-Torres — the man who was driving the car that hit her siblings.
Garcia-Torres pleaded guilty to causing the death of Arely Hernandez-Cuenca, 15, and causing serious injury to 13-year-old Kevin Hernandez. He had drugs in his system at the time of the crash.
Raquel Vastbinder told the man and the judge how hard those moments after she arrived at the scene were during a sentencing hearing on June 13. She recalled her sister being unconscious and a brother who was alert and asking questions about his sister.
"Having to choose between siblings and who to comfort was the most painful thing I've ever done," she said.
Vastbinder's husband happened to be in a car stopped at that intersection and immediately called her, allowing her to be there so quickly. She lived 10 minutes from the gas station where the crash happened, but she ran and got there within five minutes.
She told Garcia-Torres that Arely had just obtained her learner's permit and was planning to sign up for classes at Utah Valley University. She said Arely had dreams and goals and was excited for the future.
"She was shy at first, but once you made her laugh she would beam out her personality. She was funny, loving, and a goofball and loved making faces. She would do anything to make you smile or laugh," Vastbinder said.
Fourth District Judge Roger Griffin ordered Garcia-Torres, 32, to serve consecutive terms of one to 15 years in prison for two counts of operating a vehicle and negligently causing injury or death, second-degree felonies.
"Quite frankly you're dangerous to the community," Griffin said.
In addition to consecutive sentences, the judge suggested to Adult Probation and Parole that Garcia-Torres not be released until he has completed every substance abuse program available, and that once he is released he should not be allowed to drive.
"I think that the community needs to be confident that they're going to be safe from your driving. I think the family of the victims needs to be safe, that they don't have to worry about somebody like you … driving down the road for a long time," Griffin said.
He said the man had charges related to drug use in 2011, 2015 and 2018 and had multiple chances to turn his life around but he didn't take them.
Griffin said he appreciates Garcia-Torres' remorse, and believes he was sorry and was taking responsibility in this instance. But he said the man has an ongoing pattern of making poor choices that have impacted the public.
"This is a beyond horrific, tragic situation that never … needed to have happened. You made a lot of poor choices, not just that day but you've made a lot of poor choices over the last several years," he said.
The judge said Garcia-Torres' drug use over multiple years is ultimately what led to the 15-year-old girl's death.
"You've taken an innocent life for no other reason than that you were selfish. ... And quite frankly, you need to be in prison, where you're away from people that you can harm," Griffin said.
Garcia-Torres told police at the scene of the crash that he must have fallen asleep. His attorney, Mark Brian, told the judge he had been self-medicating for back pain and lack of sleep with drugs and energy drinks.
Brian said his client did not take any drugs before the crash on that day or the night before, but he consumed Red Bull energy drinks throughout the day as he left his home in Ogden, drove to his job site in Eagle Mountain, worked laying pipe and began to drive to Lehi to clock out.
He said Garcia-Torres approached a light on 2100 North in Lehi, and then the next thing he recalls is being airborne.
The attorney said video shows he did not veer or touch his breaks, so his actions were consistent with someone who had fallen asleep at the wheel. A drug test later showed he had oxycodone and THC in his system.
"Alex regrets what has happened, what he had in his system and especially the pain he has caused not only the Hernandez family but also his family," Brian said.
He said his client pleaded guilty because he acknowledged that he had drugs in his system, but he wishes he could go back and change that.
Garcia-Torres read a letter he had written to the family during the sentencing.
"I know there are no words of the amount of pain I have caused your family. I am not writing this letter to make excuses for my actions. I think about that day every day. I think about how quickly life can change, how in the blink of an eye I can ruin three family's lives. I can't imagine the agony your family is feeling. I never in a million years would knowingly or intentionally hurt anyone. Those moments replay in my head constantly in a nightmare I can't seem to wake up from," he said.
He apologized to the family, and told them he is devastated by his own actions.
Deputy Utah County attorney Peter Riechman said Garcia-Torres did not have a valid driver's license at the time of the crash, and said although he does not think what he did was intentional, Garcia-Torres was not even supposed to be on the road. He said whatever made him pass out, it was him who chose to drive without a license while he was tired and had substances in his system.
