VALLEY CENTER: Man gets four years for killing boy on bike

Judge chides defendant, who begs for leniency

By DAN SIMMONS - Staff Writer | Monday, July 28, 2008 8:45 PM PDT ∞

VISTA ---- A man who struck and killed 14-year-old Kas Saunders in daylight and dragged him under his car for at least a hundred feet as the boy's friend cried for him to stop was sentenced Monday to four years in prison.

"Putting you behind a two-ton missile was a disaster waiting to happen," Judge Daniel Goldstein said in remarks to Robert Bernabeo, noting that he was driving his 1997 Cadillac sedan on a suspended license and under the influence of an anti-seizure medication.

But the sentence was too light, according to the victim's mother, Kim.

She called Goldstein's sentence "the best he could do," given that an earlier judge decided to throw out a charge of gross vehicular manslaughter, which carries a maximum sentence of 10 years and requires the prosecution to prove the driver was legally intoxicated.

Paula Myers of Mothers Against Drunk Driving questioned why a more severe sentence couldn't have been handed down.

"Maybe the law needs to change," she said.

About 30 friends and family of the victim filled the courtroom, wearing T-shirts with the boy's smiling face.

His grandfather, Dutch Saunders, turned 73 Monday but had to spend the afternoon in court. He spoke directly to Bernabeo, seated about 30 feet away.

"You have in effect forced all who knew and loved Kas into a never-ending, unbearable reality," said Saunders. The grandfather wore a black suit and spoke with a framed photo of the smiling boy on a table in front of him.

Then he addressed Goldstein.

"This court should not show any leniency in (Bernabeo's) sentencing, lest we, too, become enablers," he said.

The death on Cole Grade Road, a heavily traveled route, shook the Valley Center community, with hundreds of people showing up for the boy's memorial service and some parents saying they were rethinking whether they'd let their kids back on the roads.

Nancy Trogh told the North County Times that the death caused her to stop letting her two children ride their bikes to school.

"I knew our roads were crazy, but this was a real wakeup call for my family," she said.

Saunders was riding his bike with a friend Sept. 30 when he was struck north of the Cole Grade Road intersection with Pauma Heights by the sedan driven by Bernabeo, of Valley Center, said California Highway Patrol officer Tom Kerns.

Bernabeo, then 46, had been driving southbound on Cole Grade at 30 to 40 mph, under the speed limit, when he veered to the right, striking the boy and throwing him onto the windshield, Kerns said. Saunders then fell under the car and was dragged an estimated 100 feet while his friend ran beside the car begging the driver to stop, he said.

Medics arriving at the scene of the crash found Saunders in the intersection, his body covered in blankets. Despite efforts to save him, Saunders died at the scene, where grieving family members had gathered shortly after the collision.

Bernabeo testified at the beginning of the hearing Monday, explaining that he was a man of God and that the accident has plagued his life ever since.

"That was 9-11 for me and I'm sure it was 9-11 for the family, too," he said, choking back tears. "I pray for them every night."

He appeared to place some blame on the victim, explaining that the boy turned slightly into his path, making it impossible to miss him.

"He should have heard the engine and should have seen me," he said, explaining that "(Saunders)'s not blind and he's not deaf."

He pleaded for leniency, explaining that he "couldn't live" with a four-year sentence because it would take him away from his 87-year-old father and four children.

After about 10 minutes of testimony, Goldstein interrupted him.

"You're starting to just ramble," he said, ordering him to conclude his remarks in the next minute.

Later, in explaining the sentence, Goldstein chided Bernabeo for portraying himself as a victim and questioned his sincerity.

"Everything you said in court today was nonsense," he told him.

Kim Saunders spoke about her youngest son in a voice made almost inaudible at times by sobs and tears.

The boy was named after her, "KAS" being her initials. He was an extremely friendly, active kid, she said, who that day had skipped dinner because he had just learned how to take jumps on his bike and didn't want to waste any daylight. His death, she said, destroyed her.

"I wasn't done being a mom," she said, sobbing.

Contact staff writer Dan Simmons at (760) 740-5426 or dsimmons@nctimes.com.

More Stories

Tags: Top NCT News Local Valley Center

Bookmark and Share

Ads by Yahoo!

Advertisement

Pre-Registration Comments[-]Go to Top

i have a young son wrote on Jul 28, 2008 9:39 PM:i would DIE if this happened. if the man was driving on medication and a suspended license, he should be tossed away. he was breaking the law. Bottom line. God Bless the families.

He isnt that sad wrote on Jul 29, 2008 1:01 AM:If he was that sad- he wouldn't have tried to place the blame on this innocent young boy- I hope he get's the maxumum sentence possible.

Jim wrote on Jul 29, 2008 5:48 AM:I am very sorry and my prayers go to the family.

For this guy to imply in any way it was Kas' fault, I just can't believe. He as an adult was obliged to pay special attention with a child nearby, it is what you are supposed to do.
And not stopping for how long?
Yes the sentence was too light.

Lee wrote on Jul 29, 2008 6:14 AM:Everyday, we read about these tragedies and, everyday, we hear how lightly these idiots get off for causing a preventable death. When are we going to wake up to the fact that leniency does nothing toward rehabilitation.

To avoid the unintended consequences of further prison overcrowding, e.g. more powerful & corrupt prison unions, outsource the entire prison population to China.

Bill wrote on Jul 29, 2008 6:44 AM:It's a shame this type of thing happens on our planet.

The grandfather mentioned enablers.

I think this has become the scourge of our society and will continue to get worse until we all realize that we must take responsibility for our own lives.

John E wrote on Jul 29, 2008 7:10 AM:Less than 3 years from now Bernabeo will be out on parole, driving around and endangering the rest of us. We need laws with the some teeth, the political will to hold individuals fully accountable for their actions, and judges who have the guts to throw the book at ... drivers.

Dude wrote on Jul 29, 2008 8:14 AM:Slap on the wrist, the victim deserves better.

I feel for the Mom, this is so wrong.

VC resident-trail proponent wrote on Jul 29, 2008 8:26 AM:Please be sure to vote and get someone in our Supervisor Horn's position who supports a country sidewalk (trails) so that no more kids or pets are killed.
There is no reason this agricultural rural community cannot have trails or country sidewalks. I am blessed my kids survived when they walked home from school (before the casinos). PLEASE GIVE VALLEY CENTER A TRAIL SYSTEM FOR OUR FAMILIES SAFETY!!!

California Culture wrote on Jul 29, 2008 8:42 AM:As so many times before "California Culture" comes into play in this situation. Point being, the "killer" tried to turn things around and blame the deceased. Statements like "he should of heard the car engine or he should of seen me". Typical "California Culture" at it's best. It's one of the few places in the world where people just absolutely refuse to take responsibility.

got questions wrote on Jul 29, 2008 8:54 AM:There is a reason his liscence is suspended. I totally agree with everyone. The sentence is too light and it just gives people another way to not take responsibility. And, absolutely, we should support the building of a trail system in all our towns. For the kids alone.

Lee wrote on Jul 29, 2008 9:32 AM:Build a rural trail system off the beaten path and it will quickly be overrun by creeps, vagrants, pedophiles and predators, both adults and minors. Be careful what you ask for, you might get it.

As for overthrowing King Horn the Useless, I'm all for that!

I too have wrote on Jul 29, 2008 9:35 AM:had to go through a trial like this. I found myself defending the victim (my family memeber) while everyone felt for the defendant. This is a sick world we live in when this is allowed to happen in courts and in the media. 4 years out of his life when this child will never see another day is sickening. I honestly feel that this judge would have done more, IF the previous judge would have done his job properly. This defense atty should be loosing sleep for the job he did in allowing this person to someday kill someone else. My prayers to this family. I hope that someday you are able to put this "trial" behind you. May KAS live forever in your hearts. That is the one thing that this man can not take away from you

American citizen wrote on Jul 29, 2008 10:12 AM:That's odd. I just read in the san diego union tribune last week about a man that shot at his lawn mower because it wouldn't start. Per the court system, this person could face a 1,000 dollar fine and could face up to 6 yrs in state prison for his actions. judge Goldstein, please explain to me why this person that just killed an innocent child while riding his bicycle, with prescribed medication and etoh on board only deserve 4 yrs in prison. If this were my child, you would be working at Burger king flipping burgers for the rest of your life!

vc wrote on Jul 29, 2008 12:06 PM:ONly four years is stupid what is going on in the judicial system..this person should get at least 10 years...he was a kid with his whole life infront of him hopefully something can be done in order to obtain better rulings to keeep our families safe....

Gringo wrote on Jul 29, 2008 1:17 PM:Only 4 years. I've heard of worse sentences for animal cruelty cases. Totally obsurd!

akb wrote on Jul 29, 2008 1:31 PM:This is very sad and my prayers and thoughts go out to this family in this most difficult time.

Man of God wrote on Jul 29, 2008 2:08 PM:Was this before or after he killed this 14 yr. old boy??? My heart goes out to the Mother of this young man whom never should have suffered such a horrible death!!! This man did not accept responsibility for his actions and isn't remorseful. Worried about his father and children??? What about the family left behind that will never see their child grow-up??? He is just worried about what will happen to him in prison!!! Rest in Peace Kas Saunders

Upset wrote on Jul 29, 2008 7:01 PM:Paula from MADD states in the article "maybe the law should be changed." This infuriates me, because an organization like MADD has the ability and the resources to help to get this law changed!! So many parents, including myself have lost children to drunk drivers and those who have had their licenses suspended for various reasons. All we ever hear from organizations like MADD is what should be done, or ststistics of how many have lost their lives to this. What about a hard core presence in couts, and a pro-active plan for actually fighting the fight!!! Getting your name in the newspaper, or speaking at a news conference time after time, gets no results. It's been 5 years since I lost my son, and very little has changed. My heart goes out to this family, as I live in this pain every day.

Kathy wrote on Jul 29, 2008 7:28 PM:Kas, I just wanted to let you know we will never forget you. Justin stood up in court and told the judge about you, his best friend. Your mom said he did a good job. I couldn't go because I couldn't stop crying, but I did write a letter to the judge. And after Justin left, I knelt next to my bed and prayed for God to give the man that took your life the maximum sentence allowable for his crime. I believe the judge did what our criminal justice system allowed him to do. Everybody in VC and everywhere else misses you so much and you will always be in our hearts and souls. Someday most of us will be re-united with you. Until then, we will try to be strong, hold our heads up high and remember we are all better people for having known you. I love ya, Kas!!

To American Citizen wrote on Jul 30, 2008 9:43 AM:please don't blame Godstien it was another judge that put Goldstien in that position. As far as the laws go, had the previous judge not thrown out the gross vehiclar manslaughter then mos likely this judge would have given him the full 10 years. Still not enough. The laws need to be more intense and the maximum sentencing needs to be applied no matter what sob story the suspect gives.

Jasmin wrote on Jul 31, 2008 1:02 PM:Kas was a sweet kid, he always knew how to put a smile on my face even if I didn;t want to laugh.

Kas We all miss you so much...I was getting to know you and you were a sweet kid.

4YEARS!!! THAT'S IT..NO he should be in there for life for this crime, suspended license and under the influence. This is rediculous.

Saunders Family- you are in my prayers.

Registered Comments[-]Go to Top

Advertisement

Videos

Advertisement