Posted On: February 19, 2009 by John Bisnar

Teenager Killed in San Bernardino Bicycle Accident Involving Drunk Driver

A Rancho Cucamonga boy was killed in a bicycle accident February 15, 2009 after he was run over by a suspected drunk driver, according to this news report. San Bernardino County Sheriff’s deputies have arrested 40-year-old Sandra Kent on suspicion of driving under the influence and vehicular manslaughter. Kent apparently ran over the teenager as he rode his bike across the intersection of Jasper and 19th streets. The boy was transported to a local hospital where he died.

My heart goes out to the boy’s family for their tragic and untimely loss. Here was a young boy out on his bike when he gets struck and killed by a negligent driver. Heartbreaking! I offer my deepest sympathies to his grieving parents, family members and friends. Please keep them in your prayers. The boy’s family has spoke to me personally and requested that his name be removed from this article.

I hope that our judicial system does its job with regard to Sandra Kent, the arrested driver. If she in fact is responsible for this tragic accident, I hope that our justice system treats her accordingly. Operating a vehicle under the influence of alcohol or drugs is a crime under California law.

According to California Penal Code section 191.5 (a): “Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle…and the killing was either the proximate result of the commission of an unlawful act, not amounting to a felony, and with gross negligence, or the proximate result of the commission of a lawful act that might produce death, in an unlawful manner, and with gross negligence.”

Kent must be held civilly and criminally responsible for her actions, which to say the least were irresponsible and negligent. The teenager’s family would be well-advised to retain the services of a reputed California bicycle accident attorney, who will explain their rights and options, including pursuing Kent’s insurance company for the appropriate legal compensation. A professional personal injury lawyer will also look into whether there was a dangerous condition at that Rancho Cucamonga intersection. If that is the case, then the city or governmental agency responsible for maintaining that roadway could also be held liable. Please remember that any claim against a governmental agency must be properly filed within six months of the accident.

Our firm has held governmental agencies such as cities financially liable in auto accident cases where the accident occurred because the public entity failed to address a dangerous condition on the roadway. Most recently, we settled with the City of Hanford for $15 million in benefits for a 14-year-old boy (age at the time of the accident). The boy suffered severe brain injuries in a bicycle accident after he was struck at a dangerous Hanford intersection. Although the young man survived the accident, he will sadly, remain a dependent in need of full-time care for the rest of his life.

Comments

Grant Nelson went to my school and was known all over as a great guy. We are having a fundraiser in his honor. This is a tragic event that should have never happened. Let this be a lesson to all drivers that if your going to drive drunk you may as well grab a gun and fire it at a crowd of people because you never know who its going to hit.

Sandy was NOT drunk!
she blew 0.07
thank you

has anyone thought that it might have partly been grants fault?
its sad what happened but no one seems to give any aknowledgement to the driver

From what I've heard (our Spanish teacher told us, grant was the younger sibling of a student at my school)
the woman was on her way to pick up a pizza
so what if she had a little drink?
many many people drink in probably worse conditions, I doubt a mother and grandmother (she was both)
would want to go out and hit a kid

Now have u ever crossed the street without pressing the button to cross?
he's just a kid, he might have just seen no cars and went

Although I do feel bad for him, he was young and didnt deserve it, the woman shouldnt haveher life ruined over someone elses mistake
Just imagine how bad she must feel
an accident is an accident but this one is gonna make her pay, and make her be in jail
what are her children gonna do?

He also went to my school. I didn't know the guy so well but death is a painful thing to the world. Making people cry and a loss of a good person. The family is in a greater loss than anything in the world. Grant was there son and to lose a child is to lose your life. The family must be in great pain, not on the outside, but on the inside. On there soul. They will never forgive the killer for taking their loved one way. Poor kid without seeing what his future could have been. Grant I might not have known you but rest in peace.

Sandy was NOT drunk!! She did'nt even blow passed the legal limit...I know everyone's first reaction is to blame the driver! This is a no win situation. My heart and prayers go out to BOTH families!!

Grant was a great kid, and he will be greatly missed not only by his family but buy all his friends. I'm not blaming the driver but the fact is that even though she was not legally drunk she still had alcohol in her system and if in fact it was an accident, why didn't she get off the car to see how the boy was. If i would've been the driver i would've been devestated and gotten of the car to help. She just sat in the car, not doing anything. What does this show you?

Everything is left to God, Let God be judge.

The point here is not what the legal limit was, it's the fact that the driver of the vehicle was negligent in driving an any sort of intoxicated state. It doesn't matter what your BAC is, it could be .01, but if you are driving in a manner that is unsafe, or reckless (perhaps striking a child in a crosswalk), you should be prosecuted to the fullest extent of the law. And even then with all of the Civil & Criminal penalties against the drivers, I can bet that the parents of this child will NEVER be able to fill the void this intoxicated driver has made in their lives.

Let's just see this for what it really is! Has anyone ever listened to Dr. Loura? This past week she spoke of a situation simalar to what Sandra must be filling. Many of you act as if she is home living her life with some form of normalicy. It's not so! I as a friend saw MY FRIEND as I would never wish this on anyone, to have to experience seeing a friend in this situation. She was beyond words could ever describe. A zombee!
It is obvious as we are all human to want to place blame, especially if we have experienced a loss, a LOSS OF A CHILD! I will never forget the day I saw Sandra for the first time after this horrific accident. Sandra never thought of her own self, but that of the pain of loosing a child and what Grant's family has had to endure. SHE WILL HAVE TO ENDURE THIS FOREVER! We have the drive by media claiming DUI, don't judge because this is not what this is about, time will tell, so let it! It's easy to want to find an outlet,
"She was drunk", you all say...
STOP!!!
SHE WASN'T!
If you knew the facts you would feel absurd for "judging"!
"Judge not that ye be not judged" (Mathew 7:1)

For those of you who think it could have been nelsons fault, shame on you. No one should get behind the wheel after they have had any type of alcohol consumption. i do believe the motorist is to blame and should be made an example of.

I never knew him that well, but wow. My heart goes out to the family of Grant. He went to my school as well, and I bought 2 of the Grant bracelets they made. I wish this would've never happened. Rest in Peace, Grant and may God be with you.

Grant was an amazing cousin. I can only say great things about him. Its almost two years later and it still breaks my heart.. He was an amazing guitarist. All the Nelsons love Grant Man<3 He is in a better place. His death has changed my life forever, for good and better.

THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
v.

SANDRA ELIZABETH KENT,
Defendant. )
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Case No. TWV901701

MEMORANDUM OF POINTS AND AUTHORITIES AND MOTION TO ALLOW VICTIM IMPACT STATEMENTS AT SENTENCING HEARING

DATE: September 24, 2009
TIME: 8:30 AM
DEPT: R-01

STATEMENT OF FACTS AND PROCEDURAL HISTORY OF THE CASE

On February 15, 2009 Defendant Sandra Elizabeth Kent was involved in a vehicle collision resulting in the death of Grant Nelson, a 13 year old boy who riding his bicycle. Although, the Defendant was not charged with Vehicular Manslaughter, she was charged with and pled guilty to Misdemeanor Driving Under the Influence in violation of Vehicle Code section 23152(a) and (b). Notwithstanding that the Defendant was not charged with Vehicular Manslaughter, the victim’s family requests to make a ‘Victim Impact Statement’ at the Defendant’s sentencing hearing. The people submit this memorandum of points and authorities in support of this request.


STATEMENT OF FACTS
On February 15, 2009 at approximately 6:43 p.m. Deputies from Rancho Cucamonga Police Department were dispatched to an injury traffic collision at the corner of Jasper and 19th Streets involving a vehicle and a 13 year old boy on a bicycle. Sandra Elizabeth Kent (Defendant) was the driver of the automobile that struck the victim, Grant Nelson. It was later determined that Sandra Elizabeth Kent was driving under the influence of alcohol at the time of the collision.
Grant Nelson was transported to San Antonio Community Hospital for major injuries, and upon arrival was pronounced dead.
At the time of collision, the Defendant was driving eastbound on 19th street in a 1999 Chevrolet Suburban in the #2 lane (closest to the curb). One of the witnesses was also driving eastbound on 19th Street in lane #1. Grant Nelson was riding a BMX bicycle traveling southbound on the east side of Jasper Street. The vehicle in the #1 lane noticed the victim riding a bicycle and was able to stop. The Defendant traveling eastbound in the Suburban did not see the Grant Nelson and struck the victim, completely running over his body. The Defendant’s vehicle stopped just east of where the victim was found. Unfortunately for Grant Nelson, he was riding his bicycle without a lamp or helmet, and entered a dark intersection without stopping for the stop sign.
One witness observed the front and rear tires run over the boy stating, “he was tangled up in the bike, but then got separated after the car ran over him.” Another witness also saw the Defendant’s tires run over the boy and stated, “Me and my mom ran over to help Grant. Grant was bleeding from the mouth…” Yet another witness observed the defendant’s left rear tire run over Grant’s stomach.
Deputy Peraza of the Rancho Cucamonga Police department interviewed the Defendant at the scene shortly after the collision. The Defendant admitted to the Deputy that she was driving the vehicle that struck Grant Nelson. The Deputy noticed the Defendant displayed several symptoms of being under the influence of alcohol, including an odor of alcohol, bloodshot and watery eyes, and being in a state of confusion. The Defendant informed the Deputy that she had not consumed any alcohol prior to driving, but had “lots” the night before.
Deputy Peraza had the Defendant perform field sobriety tests, during which she performed poorly. The Defendant also agreed to take a Preliminary Alcohol Screening test. The first test registered 0.10 and the second registered 0.09 blood alcohol content. The Defendant’s blood was later drawn, analyzed and found to have a BAC of 0.12. Based on the absorption rate of alcohol in the blood, it is believed the Defendant had a BAC of 0.14 at the time of the collision.
After an extensive review and analysis of facts and applicable law, the Defendant was charged with Driving Under the Influence in violation Vehicle Code sections 23152(a) and 23152(b), both misdemeanor offenses.

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If she was not drunk that day, she would have seen him coming like the other driver.

Shame on all who say it was Grant's fault! Sandra Kent(the driver who KILLED an innocent child) is to blame. She will live with blood on her hands. She will look in the mirror and see the monster/murderer she truly is. There is no room in paradise for child killers. God will judge her damned soul.

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