When the offender was arrested, a whole new world of criminal justice was introduced to us. We have never been inside a court room, or had any knowledge of all the legal terms used in their vocabulary. We were given a "crash" course on, vocabulary, state law, court behavior, our rights, etc. We were assigned a victim's advocate. The Victim's advocate's job is not an easy one, because she is the one that explains to you all the proceedings. She is your voice in the case, the one that translates to the prosecutor all your frustrations and even fears. As much as you think you are to have all the rights in the world, we are still a long way from that, because all victim's advocate are involved in supporting new bills that goes through the Legislature, demanding equal rights for victims; such as: Financial Aid, Restitution for Funeral Expenses, Free Counseling Services for crime victims, and most of all, allowing the victims to have a voice in the proceedings. Although you are angered that the justice system treats the defendant as "innocent until proven guilty" you have to understand that it is the defendant's constitutional rights, and you are powerless to change that. Of course it made us angry that in any criminal case, it is the "Defendant vs State" and we, the victims had no rights to be verbal participants throughout the proceedings. We were instructed on Court Behavior, and to keep our comments about the proceedings confidential. If you jeopardize the proceedings by making comments to the media, the defendant's defense attorney will file a motion for a change of venue. You don't want that. They can move the trial to another county, where you will become just a case number. The defense attorney will try to move it to another county anyways, but if you have done your part in keeping a low profile during the proceedings, the Judge has the option to deny change of venue. As angry as you are, listen to what the Victim's advocate instructs you to do. You wonder why criminals gets fair trials and victims cannot be heard. You feel "raped" a second time. You feel as you lost your sense of dignity. You become radical, beligerant and even a bigot. This is natural. Your lives have changed, and nothing will ever be the same because you are now exposed to a reality that you never have imagined you would be part of. You are now victims of crime. Our lives took a roller coaster ride since the accident. We were not allowed to heal or have one moment of peace, with the constant fear that his bail would be reduced so he would have gotten out of custody. His defense attorney constantly filed motions to have him released. We felt as if our lives were over. I had to shut down my business because I couldn't function. All I wanted was revenge. All primal instincts came to surface, in my nightmares I killed my child's killer over and over again. I became a frequent patient of a grief counselor because I needed to vent the hatred and anger so I wouldn't hurt myself. We had to sit back, and acknowledge the fact that we lost all sense of faith and trust, and feel the same pain of January 18 over and over, just so HIS rights were preserved. We lost all sense of decency that made us better people, we lost our souls and consumed ourselves with the ultimate destructive feeling, Anger. Frustration built as my husband needed to travel for his company, we were stuck, couldn't move on in our jobs so we could provide for our family. Our lives were not important, only his life mattered. The life he took was just another victim, it did not count as his defense attorney pleaded for clemency. Believe me, nothing that life ever put in our paths could have been called: Suffering. This was the ultimate suffering, because we lost our baby and also lost our identity. We were prepared to go to trial, and were being coached on how to behave, how to hide emotions. We also had to hire an attorney to take care of the insurance claims. Insurance Companies will try to take advantage of your mental state and make you settle for as little as possible. Thank God we did hire one, because my son's medical bills has exceeded the premiums. A private attorney will also guide you as to what you will hear in a criminal trial. It was then that I learned all the gruesome details of Karen's death, which I did not want to know, but I had to listen before the court proceedings so I could hide my sorrow as the autopsy report would have been disclosed in the court room. We took a turn from bad to worse and stress and depression went to its peak. We were also told that the jury that was to be selected were not to be anyone from our town or neighbor towns that were familiar with the case. It was also mentioned that most of New Mexico's population were uneducated, some with less than a 10th grade School level. That frightened us, how can jurors decide on a case if their reading level are as low as a 10th grader? Well, to make a long story short, the amount of publicity this case got, helped us in its outcome. Without knowing, I have kept Karen's Memory alive, always making top story headlines in the Newspapers and Television by becoming a DWI Activist, and making as much noise as I could. I couldn't talk about the case, but I could keep the media constantly mentioning her name so no one would forget the reason she has died. Jerry Moya pleaded Guilty a month before Court Proceedings were to take place. The plea was to work in his favor by excluding from his sentence, the DWI Charges and Reckless Driving. No sooner I heard that sentencing day was to be on Ocober 17, 2000, I made flyers and distributed to the Community, I also walked from business to business collecting signatures to plead with the Judge to give a Maximum Sentence allowed by the State of New Mexico. I asked the principal and her favorite teacher of the High School Karen attended to give Impact Statements, as well as a representative of the Student Body. We also gave Impact Statements. We also asked Political figures to attend the sentencing. We contacted the media, prepared posters, and brought Karen to Life in the Court room. Needless to say, the Court room was packed, They had to fill another Court room so the people could wait for the sentencing. Outside the Courtroom there was a mob of people just waiting. My efforts and the help from Karen's friend paid off. Jerry Moya finally was to spend time in Jail where he belonged to begin with. Please, don't get discouraged when you become a Victim of Crime. Fight Hard because I know now from several Organizations, that Karen's Justice also came from my efforts to keep her Alive so the Judge would get to know her. Give him photos, gather letters, all you can possible do so the victim is not just a case number, and most of all, keep the media involved. They are a powerful source that reaches millions of people, which is a way to keep the victim alive to the public so you can get community support. I must say that we were very lucky that our case was held in SANDOVAL COUNTY 13th District. Sandoval still holds onto Moral values. The Judges and Prosecutors preserves their Integrity. We were not a case number. They were sensitive to the fact that a CHILD was killed by a repeat offender. They made sure that they did not fail as others have failed into thoroughly examining Jerry Moya's criminal record. The prosecutor in my case was David Waymire. He never forgot for one moment that Karen had rights. He fought for her and I am forever grateful that he was passionate about her life as if he had her by his side. When he spoke of Karen I sensed he saw her alive and full of promises. I often wondered how dear she became in his heart as he fought for justice. The Judge was: Honorable Judge Kenneth Brown. A fair man, because he is in a difficult position, he has to examine the human side of BOTH the victim and the defendant. He clearly saw that the defendant has led a life of crime, a victim of his own vices which he blames on society, yet this time Jerry Moya was not able to continue playing the "victim" to the justice system as he's done in the past. Judge Brown gave him the maximum sentence allowable by law and also regarded Karen as a person, a life with possibilities, and gave her the gift of justice. The Victim's Advocate was: Liz Martinez The one that calmed our fears, shared our sorrow, allowed us to get angry, forgave our angry bursts, held our hands, wiped our tears, kept us informed, humored us, gave us hope... A mother figure in our most vulnerable moments. To these 3 intricate people all I can say is: I will never forget you, because Karen was alive in your hearts and has touched your lives. You gave her what she wanted, Justice, so she could move on. You gave us what the law allowed, so we could also move on and find our identity once again. You gave us a little hope that not all the System is corrupted, that there are people out there, that behind the titles they hold, they still have a heart. You gave us the tools to survive. Thank you. THIS IS HOW IT STARTS - GRAND JURY INDICTMENT Here are the charges against the defendant and the incarceration time for each count. The Grand Jury Indictment is as follows: COUNT 1 - Homicide by Vehicle (DWI) / Alternate to count 1- Homicide by Vehicle (Reckless) As to count 1 and the alternate to count 1, A Third Degree Felony: A basic sentence of imprisonment of 6 years and a fine not to exceed five thousand dollars. COUNT 2 - Great Bodily Injury (DWI) / Alternate to count 2 - Great Bodily Injury by Vehicle (Reckless) As to count 2 and the alternate to count 2, A third degree Felony: A basic sentence of imprisonment of 3 years and a fine not to exceed five thousand dollars. COUNT 3 - Aggravated driving while under the Influence of Intoxicating Liquor or Drugs. COUNT 4 - Reckless Driving As to count 3 and 4, A Misdemeanor: A basic sentence of imprisonment of 364 days and a fine of One thousand dollars. THEN COMES THE MOTIONS FOR REDUCING BOND AND MOTIONS TO RELEASE THE FELON FOR ANY GIVEN REASON. APRIL, 2000, Our second Court Appearance. Defendant's defense attorney files a motion to review conditions of release for medical reasons. Karen & Doug's teen supporters organized a rally in front of Court House. A small Victory for Karen. Always get the Media Involved if you plan on making noise. CLICK THE PHOTO TO READ NEWSPAPER ARTICLE ANOTHER MOTION BY THE DEFENSE ATTORNEY JUNE 30, 2000. Trial was to begin july 23...Now it was moved to October 23. Four more months of destruction of our souls. Defense attorney asked for a change of Venue. Motion denied. Then he asks for a continuance claiming he had no time to interview all the witnesses and review the case. Motion accepted. We were devastated. CLICK IMAGE TO READ NEWSPAPER ARTICLE. ANOTHER MOTION - PLEA BARGAIN September 8, 2000. A month before Court proceedings were to begin, Jerry Moya pleads guilty to avoid a lengthy trial and to reduce time of incarceration off his sentence. CLICK IMAGE TO READ NEWSPAPER ARTICLE. SENTENCING DAY October 17, 2000, Sentencing day. A day we brought Karen back to life in the court room, so she would get the justice she deserved. CLICK IMAGE TO READ NEWSPAPER ARTICLE. Now I ask: Is Six Years a fair Prison time for someone who killed a child, and Three years for injuring another? It has been a long time goal for DWI Activists to increase incarceration time for each count. We also work hard at prevention by implementing Drug Programs in Schools and Universities. Hopefully our goals will somedaybe taken in consideration nationwide. Most DWI offenders, gets only probationor 4 years for Vehicular Homicide. We need to change that. Repeat offenders must be incarcerated each time they repeat the offense,with treatment and counseling included while incarcerated. The only reasonJerry Moya got 17 years was because 8 years was added as an enhancement due to the fact he is a prior felon and on parole.. PLEASE, JOIN US IN THE FIGHT AGAINST DWI. ASK YOUR STATE REPRESENTATIVE WHAT IS HE OR SHE DOING ABOUT DWI. DEMAND EDUCATION AND PREVENTION AT SCHOOLS IN YOUR COMMUNITY. Don't let the poem below be the justice most States give to Victims. The Undefended Victim For Me, no gavel hammers. The scales were never weighed. My crime was that of "Victim" MY LIFE, the price I paid. And when my life was taken... Why were MY "rights" not read? And the statement "Overruled" When they pronounced me DEAD! No lawyer to call on me, To take the witness stand. My fate was decided when... Left in the Drug Addict's hand. Yet, NOW the courtroom's crowded, A lawyer pleads His case... And the glimmer of a tear, Creeps down his 'sober' face. OH, that I could take the stand... They'd witness my LAST BREATH. and they could see the TERROR, I went through facing DEATH, But they missed My "Pleading " Cries. The look upon my face. The scales have not yet been, "Balanced" in this case ! If I could tell the jury, Exactly how it was, the Fear and Pain I went through Struck down without a cause. Can the jury weigh it all... Now listening to his pleas? The only emotion now... His hopes of going free. The final verdict now is in The defendant...in tears. If only I'd done so well ! Given PROBATION or FOUR YEARS. Disclaimer: All information written are of public record and opinions expressed are written as: "It is of my opinion" which is granted by our constitutional rights. Please take a moment to visit Impact DWI and a very powerful message on underage drinking, binge drinking and drunk driving. Home | Karen's Photo Memories and Achievements | How the Accident Happened Web Rings I belong to | Karen's Memorial Garden | The Court, how the Justice System works About MADD - Mother's against drunk drivers | Light a Candle for Karen This Mom will not shut up | Coping with Grief My Son's Recovery from the Crash | Awards Received