By RAELYNN RICARTE
News staff writer
June 15, 2007

‘Life long difficulties’ cause Donald Hull to temper Parkdale woman’s sentence

Hood River Circuit Court Judge Donald Hull gave the drunk driver in a traffic fatality one-fourth of the state-recommended sentence on Thursday.

“I’ve been in this business for 37 years as a prosecutor, defense attorney and judge. And this is probably one of the most difficult cases that I’ve had to deal with,” said Hull.

“I have the death of a child and a woman severely wounded physically, mentally and emotionally.”

He acknowledged that departing from the minimum sentencing guidelines of 34-36 months in prison was likely to draw opposition. But he believed the life-long difficulties facing Erica Parker, 27, justified his decision. Plus, she had admitted guilt in the death of Gladis Baeza Pisanos, 2, and had no prior criminal history.

“If I was to look at this sentence in cold hard facts — a woman driving under the influence who causes a collision that kills a child — I could be highly criticized,” said Hull.

“And society has the right to make that criticism. But I’m willing to take that risk to save one life out of the two.”

Hull had to leave the courtroom briefly to compose himself before directing Parker, who resides in Parkdale, to spend nine months at the Northern Oregon Regional Correctional Facilities. She was given 75 days to turn herself in at The Dalles jail.

Parker was also placed on five years of probation and ordered to perform 192 hours of community service. She is to speak publicly about her culpability in the death of Pisanos on Sept. 17, 2006.

In addition, she is required to enter and complete a treatment program and take the drug Antibuse during probation. That chemical substance will make her violently ill if she drinks alcohol.

The left side of the courtroom was packed with Parker’s relatives and friends at the June 14 hearing. There were no family members to represent the victim on the other side of the courtroom. Taking that role were several law enforcement officers involved in the case and Gloria Needham, the county’s advocate for crime victims.

Jose Baeza Coyote, 24, and his wife, Maria Pisanos, 21, fled to Mexico in December with their surviving son, Juan, then 3. The father was facing charges for drinking and driving, as well as having his daughter restrained only by a seat belt and not an approved safety device.

Hull told Parker that she, and not Coyote, was responsible for the fatality. The defendant, driving a 1978 Ford pickup, had crossed the centerline from the southbound lane of Highway 281 — about 16 miles from Hood River — and struck the Coyote family’s vehicle, a 1991 Acura Integra.

For that reason, Hull did not grant the request of Whitney Boise, the Portland attorney hired by Parker, to place her on house arrest instead of behind bars.

“Although I’m doing a downward departure from sentencing guidelines I really believe there needs to be a jail sentence because of the death of a child. I think society expects that,” said Hull.

The emotionally distraught defendant could not respond when the judge asked what she would expect if the situation were reversed.

“Just change the facts a little. I’m wondering what would be said in the courtroom today if he (Coyote) had crossed the line and caused a wreck that killed your son,” Hull said. “I think that’s a fair question to ask.”

In spite of being moved to tears at one point, Prosecutor Carrie Rasmussen argued that Parker should serve the minimum prison sentence. She said the defendant had registered a .18 on the intoxilyzer at Providence Hood River Memorial Hospital following the accident. But she was likely near a .20 when the collision occurred. In Oregon, drivers are considered impaired for any blood alcohol level beyond a .08.

Rasmussen said DUII was viewed by society with “leniency” because it was a crime committed by “good people.” However, she said data from the National Highway Traffic Safety Administration outlined that 17,941 people had been killed nationwide in alcohol-related crashes during 2006 — an average of one every half-hour. And crashes involving alcohol were the leading cause of death for children ages 2 to 14, according to Mothers Against Drunk Driving.

“Unfortunately, DUII is one of the deadliest crimes given the statistics that I’ve shown you,” said Rasmussen.

She reminded Hull that the little girl had died of multiple skull fractures. She showed him a photo of the deceased taken just before her autopsy, the only picture that she could obtain.

“There is no way to know what Gladis would have become, what she would have done,” said Rasmussen.

She said Parker’s husband, Clyde, had shown her how to drive the pickup before she went out on the roadway. She questioned why he did not notice that his wife was inebriated and take the keys away.

“I ask the court to send a message to the community that it’s not okay to drink and drive,” said Rasmussen.

Boise said his client was a “gentle and caring person who made a horrible and tragic mistake.”

He said Parker had been at Kingsley Reservoir that late summer afternoon riding a four-wheeler. While recreating, she had consumed one beer and four shots of schnapps, a liquor with a high alcohol content. Shortly after 6:30 p.m., she headed home to pick up a salad and birthday presents for the party of a niece and a nephew.

The end result of that decision, said Boise, was the death of Pisano. He said Parker now lived with chronic pain from neck and spinal injuries. She also suffered from depression and anxiety to the point of requiring medication. And had scars on her face from lacerations sustained during the wreck.

“When she wakes up every day she will look in the mirror and be reminded of what she did to cause the loss of a life,” said Boise.

“No punishment you can hand out will be more severe than what she does to herself every day.”

He said Parker wanted to tell her story to teenagers and adults. She hoped to earn “redemption” by stopping other people from making the same mistake and having to live with the consequences.

Boise read an apology written by Parker to the court. She described her decision to drink and get behind the wheel of a vehicle as the “biggest error in judgment that I’ve ever made.”

“I have not yet come to terms that I am responsible for this tragedy. I am remorseful, scared and I wonder if I will ever be the person I was,” she wrote.