Illegal immigrant charged in fatal DWI gets minimal sentence

(11/15/07-- RALEIGH) (WTVD) -- An illegal immigrant who killed a Cary man in a drunk driving wreck on I-40 pleaded guilty Thursday afternoon.

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The judge heard from one victim who survived the crash and the other spoke from the grave.

"In my life both dignity in death and quality of life have been important issues to me," victim George Smith stated on a video tape.

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When Smith made the video he had no idea it would be shown to the man responsible fore his death.

Twenty-four-year-old Ricardo de la Torre pleaded guilty to killing Smith with his SUV and to injuring Carolyn Hageman from Apex.

"I still have vivid nightmares," Hageman said.

Hageman and Smith's friends urged the judge to give them justice. Hageman said on the morning of Jun 4, she saw de la Torre's vehicle careen across the median on I-40 at Wade Ave. He first slammed into Smith blue Kia and then Hageman's car.

de la Torre, an illegal immigrant from Mexico, had been drinking until early morning and was still drunk.

"I will never forget the feeling of dread I experienced when I saw that big black Tahoe swerving across the median racing towards my car.," Hageman said. "I was powerless to get out of the way and knew it was going to crash into me. I will never forget what it sounded like when I was hit, the metal crushing or the horrid smell of the airbag when it deployed."

<Chris Smith, George's son, focused more on the positives of his father's life.

"What really impacted me most after I found out about his death is how many people considered him their best friend," Chris said.

Some of those people sat in the courtroom holding up pictures of George.

In the end, between the plea deal to consolidate the charges for one sentence, and state law that structures sentences, the judge's hands were tied.

He gave de la Torre all the time he could -- 2-3 years in prison.

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