The Miami Herald has reported that Gabriel Delrisco is facing up to 45 years in prison, after pleading guilty to a DUI crash that occurred in January 2009, which resulted in the death of three children.
His sentencing is scheduled for April 28.
Delrisco apologized to the childless couple in court after pleading guilty.
Hector Serrano, the father of the three young children said, “Now he wants to say he’s sorry, but it’s too late. He came and destroyed our entire family. He has to pay for what he did. He killed my family. We have nothing now.”
Hector and Mirian Serrano lost their three children, Hector ,10, Esmeralda, 7, and Amber, 4, when Delrisco crashed his truck into the back of the couple’s minivan on south Dixie Highway, near Homestead.
Circuit Court Judge Rosa Rodriguez will be issuing his sentence – that may be for as long as 45 years – on April 28.
Delrisco made no plea agreement and is hoping that the judge to show him some leniency at the sentencing.
Delrisco had spent his evening consuming alcohol prior to the accident on January 25, 2009. Per authorities, his
blood alcohol level proved to be three times the legal limit.
Delrisco has also been charged with battery on a firefighter because he had fought off rescue workers that had to extricate him from his truck. He has not plead on that case, which may result in an additional five-year sentence.
Delrisco had a valid driver’s license at the time of the accident, but, his records show that he had been cited no less than 29 times in eight years for traffic violations. Though previously employed as a dump truck driver, besides the 29 violations, Delrisco, also had one drunk driving arrest.
Because there was no doubt that Delrisco was drunk, and no errors in the blood tests, defense attorneys found his case indefensible. Delrisco’s attorney, Michael Catalano told the judge, “We really feel there was no viable defense to this case.”
The Serrano family wanted the maximum sentence handed down, and prosecutors, David I. Gilbert and Deisy Hernandez, didn’t offer to make any plea deals.
Catalano, along with co-counsel and assistant public defender Robert Aaron, advised their client to plead “straight up” to the court. This tactic, defense believed, would allow the judge to be more lenient with his sentencing and, prevent the Serranos from having to endure a trial.
After a week of jail time passed and Delrisco was ready to plead guilty.
The Serranos, lead investigator FHP Cpl. Guillermo Ochoa, and representatives from Mothers against Drunk Driving, sat in the courtroom as Delrisco entered to make his plea.
He wavered and said to the judge, “I would like ask you for an extension of 30 more days. I’m not able to make this decision right now.”
Rodriguez said, “Why are we here if he’s not prepared to take a plea?
Why on Earth did we have all these people show up here today. To waste time?”
At that question, and a few more moments of hesitation, Delrisco pleaded guilty to all three counts – one count for each child – of DUI manslaughter charges.
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