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'A slap on the wrist'
Driver fined $280 for Highway 12 death
A big rig driver who crashed into other vehicles that had stopped for a draw bridge on Highway 12 last summer was fined $280 Friday for the death of a man in that crash.
Edwin Soper, 57, of Diamond Springs, will also be on probation and pay restitution, which will be determined at a later date. He received no jail time, a punishment that upset the victim's widow. A prosecutor noted that the fine is less than a ticket for running a red light, even if no cars collide.
Soper pleaded no contest earlier this month to vehicular manslaughter in the death of Alfred "Al" Carretta III, of Collinsville, Ill. His widow, Teri Carretta, has since taken a second full-time job to help put their three children through college.
"I'm appalled by the judge's sentence," she said Friday by phone from Illinois. "To think that Al's life was taken away and the person who caused it gets a slap on the wrist. I'm sure he's home with his family having dinner while I have to explain to our three children that the man that killed their dad got probation and a $280 fine. It sickens me to think that this is how our court system works."
Her husband had temporarily moved to the Bay Area to help care for two family members who were dying. A salesman, Al Carretta was able to work away from home. He was supposed to go to Illinois to visit his family two weeks after the May 31 crash.
At 1:45 that Saturday afternoon, Carretta was in a line of cars stopped at the draw bridge east of Terminous Road, where the bridge had raised to allow a boat to pass.
Soper did not stop his truck in time and ultimately rear-ended four cars, sending several people to area hospitals. Carretta was pronounced dead at the scene.
Tests later showed no alcohol or drugs in the truck driver's blood, and the California Highway Patrol said he was not exceeding the legal speed limit of 55 mph. His Sacramento attorney, Chris Cosca, said Soper was within state requirements regarding the number of hours a truck driver may work before resting.
"From day one, Mr. Soper was extremely sorry and remorseful. This is one of those cases where it's a tragedy. He's very sorry, but it really was an accident," said Cosca. Soper, also a father, has no criminal record. Cosca noted that a probation report — a document compiled on a defendant's background and the crime, with a sentence recommendation — did not recommend a jail term.
"It's difficult to judge this man based on a split-second decision where for the rest of his life he has been a law-abiding citizen," Cosca said.
The prosecutor, San Joaquin County Deputy District Attorney Paul Christensen, was not happy with Friday's sentence. Soper could have faced up to a year in jail.
Instead, Lodi Judge Bob McNatt noted that Highway 12 is a known as a dangerous road, and said that a jail term would not do anything to help this tragic case.
The two-lane road is notorious for its narrow shoulders, which leave drivers with no room to escape from vehicles that veer into their lane. A number of fatal crashes have led citizens to lobby for more safety, including a center median — something that is not currently planned.
Such safety devices would not have prevented the crash that killed Al Carretta. The road has lights that flash when the draw bridge is open, and they were working when Soper crashed into the stopped traffic.
Ron Motil, an Illinois attorney representing the Carretta family, visited the crash scene this summer and noted that the road in that area is flat with nothing that would obstruct vision. He plans to file a lawsuit against Soper and his employer, but not against the California Department of Transportation.
The judge also did not suspend Soper's license, something Christensen had sought because it was Soper's third at-fault collision in the last four years.
Soper's attorney said the other two collisions were very minor and that nobody was hurt in either one.
For Teri Carretta, who would have celebrated her 21st wedding anniversary in September, Friday's sentence was difficult to accept, especially because she had to pass the news on to her children. All three are attending four-year universities.
"We wanted to make sure that they got a good education, and now I'm working two full-time jobs trying to keep afloat," she said, fighting to keep her voice from breaking.
Contact reporter Layla Bohm at layla@lodinews.com.
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Reader Feedback
mememe wrote on Feb 11, 2009 12:35 PM:
pooreastside wrote on Feb 7, 2009 7:59 PM:
Please bear in mind, Edwin Soper did not set out to kill anyone that day. Highway 12 is deadly in itself. Mr Soper will have to live with these memories the rest of his life. That seems like more of a punishment than any amount of jail time or fine. He was not speeding, not under the influence. Accidents do happen, even tragic ones.
Suing someone for something that was not maliciously done does not make any sense. It just lines the pocket of lawyers and ruins someone else's life. "
Gator wrote on Feb 3, 2009 1:58 PM:
Under what circumstances should the Driver go to Jailwell several things must take
Place first. One must meet the criteria of a felonious act to be put behind Bars First
he was within the speed limit, next he was not DUI or DWI and he did not show reckless
disregard for the law and last but not least It would have been the Judgment of the California Highway Patrols major accident investigative team not to bring charges, not
A judge or lawmakersThe driver will live with the fact he killed a Human being and
that will haunt him for the rest of his life knowing he ruined a family for ever No doubt
the Lawyers are lining up to sue. This was not the first and it wont be the last..I remember
When a steel hauling truck crashed and burned at the bridge at B&W it wasnt pretty!!! "
Alicia wrote on Feb 2, 2009 8:07 PM:
loadeye wrote on Feb 1, 2009 12:18 PM:
OTH wrote on Feb 1, 2009 9:49 AM:
Are these clowns elected or appointed? Either way they are a lot like our do nothing governor and the legislature. "
samiam wrote on Feb 1, 2009 8:45 AM:
JD wrote on Jan 31, 2009 6:42 PM:
I'm glad you've had a good experience with them. My understanding is that the "bad practices" just arose within the last six or seven years, after they brought in a new consulting firm. I haven't really heard anything new on the situation in two or three months; maybe (hopefully) it's all been resolved by now. "
glad2beout wrote on Jan 31, 2009 5:51 PM:
Patricia wrote on Jan 31, 2009 5:36 PM:
dogs4you wrote on Jan 31, 2009 5:00 PM:
JD wrote on Jan 31, 2009 2:52 PM:
edumacation wrote on Jan 31, 2009 2:20 PM:
jramagic wrote on Jan 31, 2009 1:45 PM:
And I agree...no money is worth the life of a loved one. Nevertheless, a substantial settlement will compensate the survivors for the income lost plus pain and suffering caused by Mr. Soper's irresponsible operation of his potentially lethal big rig. "
Mrs. S. wrote on Jan 31, 2009 12:09 PM:
OTH wrote on Jan 31, 2009 11:31 AM:
I'm curious to know how a divider would have prevented this accident?
This accident only proves that no matter how much money you throw at Hiway 12 it only takes one person a matter of seconds to kill someone. "
JD wrote on Jan 31, 2009 10:45 AM:
I would be very much surprised if Soper's employer was only carrying the bare minimum of insurance. A judgment against them would be painful; an attempt to bankrupt out of it would be ruinous.
By the way, state governments are slowly cracking down on bad insurance companies. AllState came up with a "two hands" policy whereby they decided claims would be paid in full or on time--but never both. They then refused to turn over documents relating to this strategy to courts in a couple of different cases. As a result, they've been banned from doing business in Florida and I think Missouri was considering such a move as well. "
edumacation wrote on Jan 31, 2009 10:20 AM:
If the registered owner of the truck had minimum liability coverage the balance of any court judgment would be assumed by the owner. All they have to do is file bankruptcy, and they are out of most legal responsibility. If you can't collect a judgment, good luck. In those unusual cases where there is a higher liability coverage or an umbrella policy, the insurance company can legally keep fighting and "negotiating". As long as the cost of the insurance company lawyers is less than the amount of damage award, they will fight every dime of a claim.
Its an urban legend that insurers are going to pay millions of dollars in claims. Legitimate claims as far back as the 1991 Oakland fire and the 1994 Northridge earthquake are still unpaid. "
jramagic wrote on Jan 31, 2009 9:17 AM:
Meanwhile- Let's keep pushing for some of this Stimulus money to get our divider installed on 12. Its a "shovel-ready" job-maker! "
JD wrote on Jan 31, 2009 7:58 AM:
But as it is--yeah, Soper isn't in jail. But Mrs. Carretta effectively owns him and all his assets. "
M2CW wrote on Jan 31, 2009 6:58 AM:
Janice M. Bonser wrote on Jan 31, 2009 2:56 AM:
Comments on this story are now closed.