For the second time in less than three years Judith Cook stood before a judge and spoke about the devastation wrought on her family by a drunk driver.
The first time, it was Cook’s son, Evan Zarate, 22, who was killed.
This time, the father of Cook’s 3 and 5-year-old sons, Antonio Aros Gutierrez, 38, was killed.
Cook asked Judge Richard Nichols of Pima County Superior Court to send a message with Carlos Antonio Balanzar-Ortiz’s sentence.
“I know he didn’t do it intentionally, but we need to get the word out that you don’t drink and drive,” Cook said.
Nichols sentenced Balanzar-Ortiz to 10 1/2 years in prison for manslaughter and gave him 180 days time served for misdemeanor driving under the influence.
According to authorities, Balanzar-Ortiz, 37, failed to yield to a tractor-trailer rig that was traveling north on South Alvernon Way near East Ajo Way on April 22, 2008.
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Balanzar-Ortiz was severely injured in the crash, but Gutierrez, his passenger, died at the scene. The driver of the rig was uninjured.
According to court testimony, Balanzar-Ortiz told authorities somebody struck his vehicle from behind and forced him in front of the rig, but there was no evidence of that.
Deputy Pima County Attorney Bruce Chalk said tests showed Balanzar-Ortiz’s blood alcohol level was 0.15; the legal limit in Arizona is 0.08.
Cook told the judge she hopes Balanzar-Ortiz learns from his lesson, but expressed disappointment he won’t be forced to speak to community organizations and schools about the dangers of drinking and driving. Once he’s released from prison, Balanzar-Ortiz will be deported and not subject to community supervision like most parolees are.
Balanzar-Ortiz, speaking through an interpreter, told Cook he hopes she will someday be able to forgive him. He swore to never drink again.
“God left me with life,” Balanzar-Ortiz said. “Perhaps to do something good with it.”
In 2005, Cook’s son was killed by a drunk driver who drove head-on into the car Evan Zarate was a passenger in.
The driver, Julie Lagergren had a blood-alcohol level of 0.231 percent, almost three times the legal limit, according to police and prosecutors. Zarate died a week later in the hospital.
Lagergren was sentenced to three years in prison, which she has served and is now on probation.
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