nschizzle..In case you didn't notice, I'm one of the ones who thinks it's pointless to put this man in prison.  I believe any way it turns out he will NOT be going to prison for the very reason you pointed out.  How many quadriplegics with his kind of injuries and his condition are in prison? 

I'm not criticizing the young man or the court system but I am a realist.  As for whether or not he was racing, what was the speed at the time of the accident again?  

Is there a difference between racing and reckless driving?

Defensive people tend to take any discussion of a situation as criticism. 

Interesting article from the mother of an imprisoned quadriplegic.

http://news.pacificnews.org...

It validates my point about it being cost prohibitive to the state (taxpayers) and the pointlessness of imprisonment.

Nancy, I must agree with you. I'm not saying send this guy to prison but these people are calling it driving at a high rate of speed and losing control. I still call that speeding and reckless driving that took a life.. I think he was in the 90's while driving.

I'm just saying he should still be countable in some sort of way. Either way, I'm sure us taxpayers are footing the bill.  I do understand he is a prisoner in his own body and he may not receive proper care wherever he may go. 

I suggest  some community service would suffice for both families, where he has to speak about this to other young kids.  I'm sure the Walters family needs some type of closure.

More so, I also for sorry for this young kids parents as well. They now have to take care of him all over again.  As parents, this is what we do but how horrible for them as well.

Michele.  Exactly.  Your suggestion of some sort of community service is a very good one.  Even Christopher Reeve was able to raise a lot of money and awareness and his was a sporting accident. 

This man will need 24/7 care in any facility they choose to put him in and the cost of assistance to family doing the work will be far less than paying prison guards or hospital staff to do it.

evan your awesome !

For all those who are obvious friends and supporter of Mr. Espinoza what is your suggestion that his accountability for this horriffic life-taking accident be?

Put yourself in the family's shoes that had a loved one leave their house and never get to see them alive again.  Dorothy Walter was stripped of more than this guy ever will be. She died that night not him.  He needs to go to prison because that is where criminals go.  Prison still acts as a deturrent for anyone else who races and causes the death of someone.  It sends the message that even if you injure yourself at least there will be some justice.

All these comments full of anger and hate are absolutely uncalled for.  Yes Danny made a mistake but  yes he is paying for it, he and his entire family have been paying for it since the accident happened.   This was a terrible ACCIDENT,  Danny never set out to intentionally kill anyone.  However, the prosecution is intent on killing him.  If he goes to prison that's exactly what will happen, he will die in there.  The prosecution knows this, still they are pressing for the maximum sentence.  Will this make then feel better know that the have sentenced him to death?  They are not out for justice, they are out for revenge!   Then they too will have to live with the fact that they  killed someone. 

Danny has already been judged and handed his sentence...by GOD. He has sentenced Danny to live the rest of his life this way,  he has by no means gone unpunished.   I pray for BOTH of the families, they have both suffered a great loss. 

I also want to say to Danny's family, you are all extraordinary people, you have shown Danny unconditional love and been there with him through all of this, he is very lucky and blessed to have you! 

teachercate65 you said it best ACCIDENT we of course want him to come home . and spinaltap you are wrong Dorothy is in a much better place shes not suffering everyday , and youve got it right about prison it is where criminals go but... hes not a criminal .

after reading all the comments today I feel the need to chime in..... The question about Mr Espinosa going to prison ??... As a tax payer the $$$ is an issue with me. Our State is in a real mess as it stands now ,as all YOU readers are aware.  How much hate  and vengeance will it take for  people  to be satisfied that Mr. Espinosa has suffered enough. His suffering will never end, and a prison sentence will not bring that poor lady back. Mr Espinosa has an "ongoing prison term" everytime he blinks an eye, can't scratch that itch on his cheek, struggles to swallow or choke on his own saliva or the fear he must experience everytime a caregiver turns out the lights at night.  "Will I be here is the morning??". I am sure that both families and their friends would have  liked for this  horrible scenario  never to have happened.. But it is here now. So For this Lady's family to wish the worst for Mr Espinosa... DONE.... Can't get any worse. We are all Children of God. And Forgivness is the only way to start the healing process. I  continue to pray for the proper solution to this terrible tragedy.

And... spinaltap racing was not a factor or were you there??? there are witness who said no and some who said yes what we do know is he was speeding and thats why this should be handled in a trial setting because someone Else's life is at steak and if you got your way maximum sentencing are you prepared to life with contributing to murder?

I know I'll hear it from some on my remark I'm about to make. So, you have all heard of the Johnson/Reed story, i'm sure.  It was an accident that Johnson died.  But he died at the hands of someone who sucker punched him, so now Reed has to suffer the consequences.  Maybe you don't want to compare the two stories but I find them very similar with completely different actions.

Reed is not a quad and will probably go to prison.  Espinoza is disabled and should have to do some type/form of service for his actions. Again, I suggest community service as speaking to young adults/kids about the results of speeding.  He could speak at the classes kids have to take in order to get a permit.

AND then again, this is just my opinion of a very sad story.

well i don't think they are relative at all Danny did not intend to kill anyone or even hurt anyone but I'm definitely not against talking to schools about speeding obviously its a problem in California and kids should be educated on the damages it could cause .

Again~ I took care of my son~ he had CP, his condition was very much like Mr. Espinoza for 17 years and 10 months.Diapers,feeding,exercising,entertaining him and trying to make the best quality of life for him, I understand the life this man and his family face.

I lost my 1st son in April 0f 04 and 9 months later my 2 son,so I understand the absolute horror of losing a loved one.

There are no winners here.

Community service is the appropriate answer here,he could do much good speaking to people about the consequences of reckless behavior.

 This man should not go to prison.

I agree timec. Save the spot for Phillip Ellison, the thug who raped and killed his niece in California City. But wait, he will get the death penalty, so he'll be in Vincent Brothers unit. Oh well, someone will fill it easy enough.

After reading all these blogs it is so sad for both families involved,  I do  have to ask SPINAL TAP a question and I hope he answers as honestly as he can,  Spinal Tap  it is so obvious you want an eye for an eye. So do you and  your family  want to see Danny dead as your loved one is? its one simple question..tell us how you really feel ?

 I too know Danny.  He is the most kind and caring person I know.  He felt remorse for the family as soon as he knew what happened.  The other family has been unkind to him and his family.  One would think that he set out that night and planned to kill someone.  That is so far from the truth.  Danny would NEVER hurt anyone on purpose.  This womans family has been anything BUT kind to the Espinoza/Kolkman family.

As for locking him up - get real.  The crime was -at most- accidental vehicular manslaughter, not murder.  The idea behind punishment for a crime is to be assured that the person will never do that again.  Guess what?  That already happened.  He can never go driving again.  Think about it. 

The high cost of his care and the reduced level of care that he would receive is in fact a death sentence.  The level of care that he requires AND GETS at home is the best and cannot be matched at any facility.  At home he is cared for one on one 24/7, and it is done with love and compassion, by people that have been specially trained in how to care for him.

His "mistake" killed an INNOCENT person.

He made a choice, and he must live with the outcome.  Legally and morally, part of that outcome should be prison.  ("HE MIGHT NOT LIVE"...well, his victim did NOT live, and SHE was innocent.)

oh please bannie I'm sure your not perfect yes everyone makes mistakes this could have happened to you your child your parent and you would be singing a different tune , and he "might not live " no he WILL NOT live .i think you should research quadriplegics or visit a facility and talk to them educate yourself before judging someones life if they should live or die ..maybe you should try being a little open minded and imagine your life or a loved ones life in this situation and them be put in prison and endure a slow lonely death, we know Danny's life isn't going to be long and we all have to deal with that but for someone to cut it even shorter with his circumstances is CRUEL AND UNUSUAL PUNISHMENT!

DvonD, I think you should learn how to type. Or at least use proper 3rd grade grammar and punctuation.

oldblue56 get a life it is a blog!

oldblue56 grow up this isn't about grammar or punctuation . if you have have a problem with the my opinion then t can respect that but if you want to attack me for my writing skills than get a life .

bannie, I wonder which family member this is? Writing in red for blood,it is only obvious that the Walters family is out for revenge an eye for an eye or is it Bakersfield justice?

Compete ignorance is uncalled for!

Okay, DvonD, I'll lay off you. However, I would have made sure I posted at least ONE error free post before I ragged on someone.

DvonD

I totally agree with you!  I feel for all parties involved, it was an accident.  We have all made poor decisions in our lives at one time or another, especially when we were younger.  I always try to put myself in the shoes of others before i make a comment.  What if it was my son, sister, brother or anyone I love that had been killed or was the driver...it's tragic!!!  It's really hard to say how you would react and what each of us consider "justice" in a case like this.  It's very nice to hear the "inside story" about Mr. Espinoza from his friends/family.  We all know that the press and TBC report on whatever will sell "news" and we never get to know the real people behind the stories.

Okay Dvond. However, I have no idea what you just posted.

When I first started reading this blog, I thought  "you reap what you sow.  Don't commit the crime if you can't do the time.  Whether anyone likes it or not, this man was convicted of vehicular manslaughter, and guess what?  There's a sentence for that."

Now I just cringe for his parents. 

Well, I have been reading all of your blogs form 36 diffrent people, I'm a Great Friend of Danny, Since about the 5th or 6th grade, Danny has always been a great person, an kind person, a person that will do anything for anyone, a person that will not do anything to cause harm to any person,

I have read all blogs and i have notice that a hand full of you say " He needs to go to prison" "THERE IS NO T.V OR COMPUTERS" " NO WORLD OF WARCRAFT, CHATTING ON THE INTERNET" If you find that he is having a blast hanging out at home having fun thin I think you should drive down to Ventura and have a day at the Kolkman's, see how much fun danny has dealing with all of pains, I love this comment  " HE NEEDS TO SUFFER" johnburnssucks, what if you wake up one morring in the ICU and didnt have any idea what is going on, and dont remember the accident — or the three or four months before the accident.

I'm sorry for what happen to Dorothy, I have an grandmother, a mother, I have asked my Grandmother " A Person that has only talk to danny about 3 to 4 times" what she thinks,. . and she said that she would forgive the person for there mistakes, What would Dorothy say, you said that she is a loving and giving individuals, do you think she would forgive someone that is suffering for the rest of his life for the actions he has done? ?

 I Spend time at the Kolkmans home seeing what it takes to take care of danny and I Think Locking him is not the answer, house arrest would be the best solution, That way he gets the Loving Support and care form people that care about his well being. .

-Ryan

DvonD keeps throwing around "CRUEL AND UNUSUAL PUNISHMENT".  DvonD are you familiar with what the 8th amendment holds that for? The Eighth Amendment forbids some punishments entirely, and forbids some punishments that are excessive when compared to the crime.  We are talking about the legal definition of punishment, not the punishment he has created for himself by his actions.

Furthermore, the 8th provide that ''Conditions in prison must not involve the wanton and unnecessary infliction of pain, nor may they be grossly disproportionate to the severity of the crime warranting imprisonment. . . . Conditions . . . , alone or in combination, may deprive inmates of the minimal civilized measure of life's necessities. . . . But conditions that cannot be said to be cruel and unusual under contemporary standards are not unconstitutional. To the extent that such conditions are restrictive and even harsh, they are part of the penalty that criminal offenders pay for their offenses against society.''

No where on this blog have I seen anyone suggest that his basic care be deprived, but what I am reading is that there needs to be some legal accountability and culpability for his actions.

So, DvonD with that explaination of the terminology you are throwing around, do you really want to use 'cruel and unusual punishment' as an argument?  If you do so, you are arguing in favor of 'Danny' doing his legally imposed sentence. 

Becareful DvonD.  Think before you speak, or in this case, type.

well do you think this sentence  " a death sentence ": is excessive compared to the crime of speeding?? and conditions hmmm  i think you should take a look at norwebs blog ?? to sentence a man who can not go into "the yard " and feel the light of day for 2 ,4 or 6 years is excessive .

Well miss teacher cate,  violations of the 8th ammendment are  alot broader if you do a little more homework.  I have to think what she is talking about is the MEDICAL NEGLECT IN CALIFORNIA PRISON SYSTEMS, which is a form of cruel and unusual punishment. Also as you quoted "the minimal CIVILIZED measure of life's necessities" is to protect us against medical neglect  etc. which by the way happens every sngle day in California prisons.  Danny if put in prison will be subject to inhumane care, with a very probable chance he will die , plain and simple. we all know that. It is so sad that you and your family want him dead, I have heard that Dorothy Walters with all due respect, was a very good woman, I wonder what she is thinking watching from above , seeing that her family is so full of hate that they want to see a young man die. Everyone except of course the "walters family" as seen on this blog, knows that Danny will be paying the rest of his life however long that may be . Just about everyone on here has an open mind and heart to the situation. again it is only obvious what your goal is. what does that make you..........

Let me ask again.....where is the legal accountability and culpability for his actions?  Where?

Please answer that.

Point of clarification, I know neither of the families involved, just a mere citizen and observer.

Danny does NOT deserve to go to Jail. None of you know him, I do, he wants to die every day for what he did. He might as well have, he cant go paintballing, have a family , go to work, he cant even piss by himself. He's suffered enough and god spaired him for a reason, you all should just shut up and leave him alone. Everyone has done something in there life that they are not happy about, we arent angels. I think most of you have too much time on you hands. Get off the computer and mind your own buisness. :)

-Mamaof2

 Most of the cruel remarks here are made by prison guards and other members of law enforcement labor unions.  They are trained to bring fear mongering out to the public because they feed off the suffering of the medically and mentally ill.  No matter how hard anyone tries, you cannot punish the sickness out of anyone.  People should pay attention to the fact that Danny also has MRSA, some strains are a deadly disease that will spread to inmates, medical workers and prison guards.  Danny will die in prison, what's the point of sending him there? To torture his family even more? Get the Repugs out of office and end this insanity.  To read a scholarly paper go to google.com and enter key words: Backfire: Prisons do not reduce crime. Criminologists today realize that prevention is the only way to assure public safety, prevention through education, not mindless punishing.

Cayenne, who on here is a prison guard or in LE? And I'd like to know how you determined that.

I'm sure that Espinoza is a worthy person.  There are many people serving time in prison who are worth human beings.

But, in America the application of law is (and must stay) blind. 

I feel sympathy for Espinoza's family.  They are left with the care of someone who's thoughtless indulgence changed the lives of two families.    However, in justice to all other prisoners doing their time, Espinoza needs to serve his sentence.

Mr Espinoza

3.  He chose to race on a public street ( a criminal act).

4.  He thoughtless disregard of others cost an innocent person her life.  (a criminal act).

Sympathy for him does not negate the magnitude of his acts.  He needs to serve his sentence.

There are hundreds of men and women in prison who have been diagnosed with stroke, diabetes, ALS,  cancer, heart disease and Parkinson's disease (to name a few) who are serving their full sentences.   All of these conditions require extra care and will be fatal to many prisoners before their release time.    Yet, they are serving their sentences. They had the full weight of the law imposed on them for taking  away the rights, property or lives of others.  Blind Justice

Mr Espinoza needs to serve his sentence.  If we allow him to escape doing his time we'll be opening a door for other criminals to go through.  Literally and figuratively.

WOW audreyb you've got this all wrong #! he was NOT drinking that night #2 he never drank and drove !!! #3 racing was NOT a factor!!!!  #4 he was speeding he somehow lost control and yes caused an accident , now with that said have you ever went over the speeding limit ? do you really think he deserves to die because of an accident?????

I love how you people on here just post whatever you feel like posting with no regard for truth.  People like bonnie, spinal tap, Teachercate, audrey need to get the facts before they make their harsh judgements.  How can you people have so much hatred for a man based on speculation, heresay and conflicting witness accounts.

Heres a fact...THERE IS NO PROOF THAT HE WAS RACING!!

Heres another...the judge and jury need to be convinced beyond a shadow of a doubt that he was racing his car.  It wont happen because of conflicting stories.  And what is all this about him drinking??? is that just another rumor that this hateful family is conjuring up to ruin this kids life??  I know, you dont care because he ruined yours. 

Look people, sending him to prison is the death sentence.  But again, bonnie, teachercate, audrey, and spinal tap all want him to die.  Now i will address what kind of people you are.  You 4 are the kind of people who make this world a dangerous place.  The same kind of people who send troops to war(murder) based on rumors and speculation.  How can you hate someone who you "think" was racing.  Once people like you get over your hatred and desire for blood, then this world can be a place of peace.  I guess we all know thats not going to happen.

You want to know what else is never going to happen?  You will never feel peace about this situation if you dont learn how to forgive and move on.  I GUARANTEE Dorothy has forgiven and is in a much better place.  Why cant you accept that??  I am sorry for your loss, but why murder this young man based what you THINK is true.  Try to base your hateful judgements on facts next time.  Good luck with life. 

AUDRY GET YOUR FACTS STRAIGHT!  either you are thinking of another case or you are trying to start ANOTHER rumor,  or you are just ignorant to this case. as said above.

1. NO ACHOHOL WAS INVOLVED > PERIOD

2. AS PER BAKERSFIELD POLICE DEPARTMENT > NO RACING INVOLVED AND IF THERE WAS THERE WOULD BE ANOTHER PERSON BEING CHARGED > AUDRY YOU WITH ME!

3. THERE WAS A HIGH RATE OF SPEED ACCORDING TO BAKERSFIELD PD

now all the aillments you listed above are pale in comparison to a persons ability to perform everyday  activites and someone who is medically and permanantly incapacitated. what has happend does not constitute a death penalty by any means.

.

DvonD- You all (meaning his friends) keep saying racing was not a factor. OK, so it wasn't but driving at a VERY HIGH RATE of SPEED was!  You want to ask Audrey questions? Let me ask you this......DId the victim deserve to die due to this "accident".   I'll answer that for you to, NO, she didn't and that is why Mr. Espinoza must face the judge.

Again, I'm not for sentencing him to jail, but community service. He has to see a judge like anyone else would have to in this situation.

Common people - what's the point? This kid's already paying his dues BIG TIME and will be for the rest of his life. How is punishing him further (for something we're not even sure was his fault) going to change anything now? Seems pretty obvious to me that Danny was also a VICTIM of the accident. So sorry for the other family's loss and yes, it sounds like she was a lovely woman - however; why do these people seek satisfaction by going after a quadraplegic? Danny has NOT been found guilty in a court of law. He and his family are dealing with their own loss as a result of this tragic accident. BACK OFF!!!!!  

michele yes speed was a factor , and no  dorothy of course did not deserve to die , the problem here is circumstances with his medical needs his care is not guaranteed in prison and his life is so fragile anyways he will die in a short time ,now like i said before a service of speaking to schools on the effects of speeding fine that's not a problem he will not die doing that .

Foot- do you read anything here or just a few lines and then start typing?  Here let me refresh your memory as to what I wrote and have previously written:

posted by michele1075 on May 9, 2008 at 09:00 AM -Again, I'm not for sentencing him to jail, but community service. He has to see a judge like anyone else would have to in this situation.

Arguing with people like me?  After all, this is an open forum and the purpose is to express our opinions right? Or only when they are aligned with yours?

You're right.  There's nothing in the BC story about his being drunk.  I assumed it because he was returning from a party at a late hour.   But, you know what, THAT MAKES WHAT HE DID WORSE.  He was stone cold sober when he killed that woman.

I ammended my story to reflect the correction.

I'm sure that Espinoza is a worthy person.  There are many people serving time in prison who are worth human beings.

But, in America the application of law is (and must stay) blind. 

I feel sympathy for Espinoza's family.  They are left with the care of someone who's thoughtless indulgence changed the lives of two families.    However, in justice to all other prisoners doing their time, Espinoza needs to serve his sentence.

Mr Espinoza

3.  He chose to race on a public street ( a criminal act).

4.  He thoughtless disregard of others cost an innocent person her life.  (a criminal act).

Sympathy for him does not negate the magnitude of his acts.  He needs to serve his sentence.

There are hundreds of men and women in prison who have been diagnosed with stroke, diabetes, ALS,  cancer, heart disease and Parkinson's disease (to name a few) who are serving their full sentences.   All of these conditions require extra care and will be fatal to many prisoners before their release time.    Yet, they are serving their sentences. They had the full weight of the law imposed on them for taking  away the rights, property or lives of others.  Blind Justice

Mr Espinoza needs to serve his sentence.  If we allow him to escape doing his time we'll be opening a door for other criminals to go through.  Literally and figuratively.

From the article in the Bakersfield Californian.

Espinoza was driving his 2006 Ford Mustang and stopped at a red light on Stockdale Highway at Calloway Drive, according to police reports. A red Corvette and a gray Porsche were also waiting at the light.

When the light flashed green, Espinoza and the Porsche sped away, according to court documents. The Porsche hit 80 mph while Espinoza’s went over 90 mph, according to court records.

Just up the road, coming the opposite direction, was Dorothy Anne Walter. The 69-year old was heading home with her two dogs after watching “Walk the Line” with family, court documents said.

As both cars reached Buena Vista Road, Espinoza lost control of his car and hit a tree on the center divider, according to court documents. His car then careened into the eastbound lane and slammed into Walter’s car.

Audrey,

Lets not continually forget that there are conflicting stories.  What motivates you to take the story at face value and assume guilt.  Why is it so hard for you to give this kid the benefit of the doubt.

OK audrey b so if he was drunk it would have been better ? wow I'm speechless . anyways so you want Danny to go to prison so the door is not opened for others ? how meny other quadriplegics do you think are up for prison that he may be opening this door for ?????? and do you think taking his life justifies setting an example to others ????

Heres another...the judge and jury need to be convinced beyond a shadow of a doubt that he was racing his car.  It wont happen because of conflicting stories.  And what is all this about him drinking??? is that just another rumor that this hateful family is conjuring up to ruin this kids life??  I know, you dont care because he ruined yours.     There will be no jury because this man pleaded NO CONTEST.   If he felt he was innocent why would he do that.   Secondly, I can't even imagine how morally warped a person would have to be to call the victim's family this hateful family. 

 2. AS PER BAKERSFIELD POLICE DEPARTMENT > NO RACING INVOLVED AND IF THERE WAS THERE WOULD BE ANOTHER PERSON BEING CHARGED >  I refer you to the story in the Bakersfield Californian.

4 he was speeding he somehow lost control and yes caused an accident , now with that said have you ever went over the speeding limit ?  I paid a $180 fine for going 9 miles over a posted 25 MPH speed limit.   Hardly the 90 mph Espinoza was going, right?

now all the aillments you listed above are pale in comparison to a persons ability to perform everyday  activites and someone who is medically and permanantly incapacitated. what has happend does not constitute a death penalty by any means.   Are you for real?  Since when is ALS, cancer,  stroke, and heart disease not debilitating?  All of these are potentially fatal (especially cancer).   As usual in these cases, you choose to make Mr. Espinoza the victim.  He did them to himself.  Have you forgotten that????

More from the Bakersfield Californian.

Espinoza is set to be sentenced on vehicular manslaughter charges Wednesday in connection with the same wreck that killed a Bakersfield grandmother and left him paralyzed   Espinoza pleaded no contest to felony vehicular manslaughter earlier this year.   He needs to serve his four years.  

DvonD-You should re-read Audreys first paragraph.  You are being like foot and reading what you want to see then you start typing away.

Just curious, what happened to Mrs. Walters 2 dogs? Did they survive this terrible tragedy? (note, I will not refer to it as an accident)