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

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

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!

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 .

oldblue56 get a life it is a blog!

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

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!

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.)

 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.

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 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.

 This man should not go to prison.

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.

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 .

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.

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?

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.

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 .

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! 

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.

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?

evan your awesome !

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.

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.

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.

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. 

First hand knowledge of a PRISONER who is a handicapped person. My son is in prison and he is in a wheelchair, legally blind, atrophied arms, legs and bedridden for the rest of his life, Diabeties out of control and chronic Hepatitis C. All of this occurred while he was in prison for the last eighteen (18) years. He was never a drug user but had a motorcycle wreck and a girl was killed. He was in a coma for 21 days and almost died in the ICU following the wreck.

When he was sentenced the Judge did not give him the death sentence but while being in prison he has obtained a death sentence.. I am sure he will never live to see the outside.  When his knees were messed up by other prisoners and guards the prison refused to perform the needed surgeries and transferred him from prison to prison. He was  stabbed with eleven (11) different stab wounds while sitting in his wheelchair on a prison yard while guards watched .  He was in the Vacaville medical facility and the diabeties had gone untreated and undiagnosed for over three years. Now it is completely out of control. When the prison medical staff finally noticed the diabeties the blood sugar had hit 805. His paralyzed left arm was broken by others and the radial head of his elbow was cut off with an ossicilating saw. Now that arm and hand is curled up and will never be used again  

There are no computers in a prison cell and the trips to the outside hospitals are few and far between. When he almost died in April, 2007 from H-Pylori in the stomach and a blocked blowel track he was sent to Mercy Hospital. Prisoners are put on the 5th floor of that hospital, with no visitors, and they are chained to the bed 24 hours a day by both legs.  He spent 24 days in this hospital after it took a Court Order to get him there. There are no T.V.'s on the 5th floor for any prisoner to watch. When transported back and forth from a prison to a hospital they ae chained to their wheelchair. None of it is a made for TV show. It is punishment from the sentence to the death of the prisoner.   In theory, there is an "Americans with Disabilities Act" but I can assure you it does not apply in a prison cell. My son lays in bed in a prison cell with a 13 inch TV. and no baths and no pain medicarion. It is a horrible and painful slow death.

There is no easy way to deal with these types of deaths. The death was instant for the innocent party. Personally I believe the family of the one that lives will suffer equally if not more so because, the death the survivor will suffer is slow torture. Having lived both sides of this type of a fatality, my heart goes out to Dorothy and the family of Danny. Both families will never live to see the end of this mess.

Recently Assembly Bill 1539 was passed to release these types of prisoners to either go to Skilled Nursing Facilities or go home to their families to care for these prisoners. However, the Chief Physicians and Surgeons must sign for the recommended releases. One doctor told me he is afraid to sign for such a release because he works for the CDC and he would lose his job.  I can understand his position. I can understand the familites position and I can understand the suffering. Looking beyond all of that this bill was passed to save the taxpayers millions of dollars in caring for these sick and dying inmates.  However, nothing will be done to release them so the taxpayers are stuck with the bill.

I have volunteered to pay for my son's care if only the CDC would release him. They will not do it and at the last parole hearing he was denied parole and the next date is set for five (5) years later. There is no justice for either side of the families. A life is gone forever and another will be a burden on the taxpayers for rest of his life. Where is the justice and how can justice be obtained?  Unfortunately more torture will not bring back Dorothy's life nor take away the suffering her family will go through. Maybe forgiveness is the place to start and Danny offering his sincere apologies for worthlessly taking this ladies life.  I feel the grief from both sides of each family.      

I don't feel that prison time for Danny would be good for his disability.  I think that a fair sentence would be house arrest...so he may have all the care he needs which is very important for his condition.

Floreen Breyette

caregiver to jason C5-6 Quad from a August 04 diving accident.......

 Well, I think it's only fair for me to chime in here, being a close friend to Danny Espinoza. We've been great friends since High School, and work in the same IT field. After the accident I arrived at the hospital in Bakersfield (I live in Ventura) right as his family decided it was time to "pull the plug". Talk about a tough moment. I actually went in and said my goodbyes and respects to him as he laid asleep in a coma. And I say "respect" in the upmost and most sincere way. Danny was a genius. A master IT guru in the security field. Someone I absolutely admired for his passion to his profession. He was probably one of the youngest senior security engineers in the Country in the year or so before the accident. Not too shabby. He got me excited about computers at a young age, and I contribute a lot of my successful career directly to him and his willingness to teach. Danny had a gift for not only absorbing new technologies, but also sharing it with his friends and co-workers. His absolute enjoyment and dedication to his craft became an inspiration to me, along with several others. When Danny came out of the coma the next day, it was as close to a miracle as anything I’ve ever experienced. And I’m not a religious person.

The doctors explained his condition and chances to him, and asked him a simple question: “Do you want to live? Or do you want us to let you go back to sleep?” Unable to speak, Danny was able to communicate via blinking a definite: “Yes. I want to live.”

And then came the fight. From having to fight to breathe without tubes in his neck and then having to fight just to be able to speak. Can you imagine? Then being shuffled in and out of hospitals around the country when infections re-occurred (they still do quite frequently) and going through physical therapy. To make it to where he is today, even in his very limited state of living, is rare. And he is truly lucky to still have his life at all. Then there is all the work his family has gone through having to take care of someone full time. The fight they’ve endured because they know who Danny is and they believe in him as a kind, honest, caring person. Here is a person that feels remorse, and has to live with the guilt of a terrible accident for the rest of his life. Someone who is extremely sympathetic if you talk to him. The article was very misleading in this aspect.

Danny has had to give up everything dear to him. His job. Playing music. Relationships. His chances to have a family of his own someday. Everything. He spends all his days in one room. Sounds an awful lot like prison to me. But when it all comes down to it, he has a better chance of surviving at home in the long term then he would in just 6 months at a state “prison hospital”.  The bottom line is that he won’t receive the proper care in those facilities, and it would in fact be a death sentence, as his mom stated. This is a common issue with those facilities with cases as severe as Danny’s.

I guess all I’m asking is to put yourself in his shoes. You made a mistake and the worst possible outcome arose.  Do you think you should die for that? Everything else has already been stripped from this great guy. The least the judge can do is spare him his life.

-Evan

thank you nschizzle and if i could just add to that ,the approx 100 paralyzed inmates in the prison system are PARAPLEGICS there's a huge difference including Danny has massive traumas to his organs unlike most paralyzed people. and.... he has mrsa which is the superbug of staff infections and transferable to the prison systems staff and other inmates

It did not say in the article that he is NOT going to prison.

"A counselor will then recommend to headquarters which prison to send him to.That would likely be one of three prisons: the California Medical Facility in Vacaville, the Corcoran State Prison or the California Institution for Men in Chino...The care provided to these inmates depends on their medical conditions, [Dr. Nadim Khoury with the CDRC] said. Those who have serious ailments and cannot be treated in the prison, will be treated at outside hospitals. “The severely handicapped, some in wheelchairs and paralyzed have gone to prison..."

What about this states definitely that Espinoza will "NOT [be] going to prison no matter what the outcome"?

All I read is that if he is sentenced to go to prison he is most likely to go to one of three facilities that are able take care of him in his conidtion, and that if they can't he COULD be treated in an outside hospital.

Is nobody listening?  Did no one READ the article?  The man is NOT going to prison no matter what the outcome.  Repeat..HE   IS   NOT   GOING   TO   PRISON.

If convicted he will be placed in an outside hospital.

Only a few on here got that part.

First off I'd like to say that I'm shocked at reading some of the posts on this blog. I know that this is a very touchy subject, but I'm appalled at the hate, snide comments about mispellings, the attacks on other posters personally, and tween sounding all CAPS rants. I'm sure this site was intended for adults to post on, so can we please act like it when addressing something sensitive? Not only is it rude to those posting, but also disrespectful to the families unfortunately involved in this tragedy.

In respons to some of the arguments:

1. I agree that by sending this man to prison it is more likely to be an act of vengance than detering Mr. Espinoza from re-offending.

2. Being sentenced to community service is NOT putting him in the lime-light to be applauded as some kind of hero. He will feel shame every time he has to speak about this experience and know that those he would be speaking to would be judging him. This would also be a way to try and prevent this sort of thing happening again. When the DUI presentations were put on when I was in high school, I was horrified at the consequences which helped me come to the conclusion at a young age that drinking and driving is a bad idea. Speeding is a huge problem in Bakersfield, so why not have a similar presentation?

3. To Spinal tap regarding drunk driving and the "right state of mind". Excuse me, are you serious? Drunk drivers have just as much responsibility for their actions as Mr. Espinoza. They made the decision to drink the alcohol that lead the their "wrong state of mind." There are no excuses for their actions.

4. I feel for both families as no one has come out on top in this situation. I hope the family of Mrs. Walters accepts any appologies sincerely made if he is in fact remorseful; however, Mr. Espinoza may be the only one to know how truely remorseful he really is. I hope anger and loss is not clouding their judgement so much that he cannot be forgiven no matter how heinous his crime.

5. Bonzai - Well done. I really agree with your post and your mature attitude in this blog.

This guy ain't going anywhere.  He won't be getting behind the wheel of a vehicle.  He can't drink unless someone supplies him with alcohol.  In prison, it would cost taxpayers extra for his care.  There's nothing about incarceration that would deter Mr. Espinoza from re-offending.  Putting him in prison would be about vindication for the victim.  That is not what incarceration is supposed to be about.

We already know that...

Mr. Espinoza should never have been breaking the law. Plain and simple

I just got done watching the video and he sounded like he had remorse for the other family.. go watch it spinaltap!!! he stated that he feels for the family and what they are going through, so I dont know what you mean by him and his family not showing remorse and only hatred!!!

Actually he does feel remorse for the death of Dorthy and so does his family, so before you go off saying things without knowing the facts I suggest you stay quiet until you do.

Oh my I'm so sorry to sagefever, I got the wrong name, see people make mistakes.. I didn't mean you I meant spinaltap on the must be family or a friend because of all the hate.. you sagefever  do not have hate, you are trying to understand both sides of the case. And to spinaltap.. I don't know Danny, Its just what I've heard. This isn't a small story you know... I understand he was speeding. But does everyone get murder charges for speeding and causing a accident?? NO! like the beginning of this page.. Is the State of California going to have the funds to house him? Are you willing to pay more taxes because you want MORE justice for Danny... It seems like you will feel better if he dies from this. Because that is what will happen if he goes to prison.. Again I am sorry that Dorothy had to die from this. But lets never forget but forgive.

Never once has he shown any remorse to the family of the victim.  It has even been noted in court documents that neither he or his family has ever shown remorse or any sympathy; if anything they have shown hatred to the family of the victim.  If he says that he has tried to contact the family than he is lying to you.

Michele,

I was under the impression that by the laws of our great State and great Country that only premeditated murder, or murder with special circumstances rose to the level of a capital offense, not a car accident, even if negligence is involved.....wow....

sagefever, it kinda sounds like you are a family member to the walters, or a close friend, cuz you have a lot of hate towards Danny. I'm not by far saying what he did was right. But I've heard that danny has tried to apologize to the family but they wouldn't talk to him. He even went to the walters DA to write them a letter and the walter family didn't want anything to do with it. So like I said before, what he did wasn't right, and no its not far that he didn't serve time, he may, but the hate that is going on is tiring. From the pictures that I've seen of Dorothy, I dont see hate.. i see a very nice and caring person. Now I know that many of you are going to bash me for what I write, and I'm ready for whatever you throw at me.. And to dontbeahater, you are so right, thank you.. and to oldblue56 is that all you have? we are not here to point out our faults. a misspelled word is all you can do? this is about what you think about this case.  

bonzai-you ask 'does a case of 'speeding' warrant a result of a 6 year prison sentence? UMMMM, no, but someone is dead. 

You say the problem we face is not the sppeding, but rather he lost control of the car at a high rate of speed. Umm ok, isn't that SPEEDING.

You also ask- does the crime of speeding warrant a death sentence? No, speeding don't, killing someone accidental or not does. Sorry.

He may be imprisoned in his own body and I'm sure wishes he could take this back.  Everyone who commits a CRIME such as himself does. But doesn't he need to be responsible for his actions? 

It's great you seem to know about quadriplegics, but he must still face his 'jury'.

This is a rather difficult situation for all parties involved. Unfortunately, Mrs. Walters innocently paid the ultimate price for a young man’s lack of judgment. Mrs. Walters’ family has suffered the loss of a loved one in a very tragic way, and is understandably having a difficult time reaching any sense of closure. Danny Espinoza is also paying a huge price for this mistake. Danny’s’ family has also suffered the loss of a loved one in a very tragic way. Any of you who don’t think there is a loss here, don’t have any idea what it means to be a quadriplegic.

I am surprised at the characterization of “killing rampage” and “homicidal rampage” stated in comments above. It is obvious that this was not what occurred. The police are not characterizing this as “racing”, but rather a case of speeding. Does a case of “speeding” warrant a result of a 6 year prison sentence? How many other drivers in Bakersfield are guilty of this on any given night? The problem we face is not the speeding, but rather that Danny lost control of the car at a high rate of speed, and the resulting horrific accident.

In knowing what I do about quadriplegics, sending one to prison for an extended length of time is a death sentence. It is one thing to send able-bodied people to prison, but to send a person in Mr. Espinoza’s condition is entirely different. Does the crime of speeding warrant a death sentence?

Danny is imprisoned in his own body, and it is a life sentence. If what is desired here is justice, then does it matter if the prison is one of our construction, or one of Mr. Espinoza’s? If the desire is justice, then I think it has been served. If the desire is vengeance, then I guess that you will disagree with me.

I'm not saying if he were drunk he is excused of all accountability.  What I'm trying to say is that he knew exactly what he was doing that night.  If he were drunk that night the law actually would be harsher on him because MADD would have stepped in.  Because he was not drunk, he has had it relitively easy.  By no means would I ever want to imply that if you're drunk and kill someone you're not responsible.

dontbeahater-Driving over the speed limit by 5-15, especially on the freeway, but wasn't this guy on a city road/street going 90 something. BIG difference. 

onrluv-u say he was doing what every young adult does with a fast car.   What? Street race? I had a mustang, never street raced, acted careless or killed anyone. I now drive a sporty little BMW, still don't street raceor let alone drive careless.  I value my car too much.  I ask this because i'm a young adult.

Spinaltap

So you could excuse him of this if he had been drinking.... What kind of message is that?

dontbeahater, I swear, I have NEVER driven over the speen limit, whatever that is.