Fil-Am accused of distracted driving pleads ‘not guilty’
By Joseph PimentelAJPress
WESTMINISTER—The Filipino-American accused of driving “distracted” at a high speed and causing a deadly crash on an Orange County freeway last April, says she is not guilty.
“I’m not a criminal,” said Jorene Ypante Nicolas to the Asian Journal, after her arraignment on Monday.
It’s been a nine-month ordeal for the 29-year-old Nicolas, a respiratory therapist and mother of one from San Diego, that culminated when she was arrested last Thursday.
Since her arrest, life has been turned upside down. In the span of four days she was arrested, thrown in jail, bailed, scrutinized by the media as an irresponsible driver, and now is defending herself in court in the death of Deanna Mauer, a 23-year-old Orange County native and softball star at San Jose State University. Nicolas faces six years in prison.
“[The arrest] took me by surprise because I was on my way to school that morning. Police officers just told me they had a warrant for my arrest. I just walked out and complied. I had a feeling it was about the accident but I’m not guilty at all,” she said.
“I’m just grateful to be alive. It’s unfortunate for the [Mauer] family. We are continuing to pray for her family and well as her.”
According to prosecutors and the criminal complaint, Nicolas was driving her Toyota Prius at 80 miles per hour on the 405 Freeway near Huntington Beach last April when she crashed into a car, killing Mauer.
Nicolas and her lawyer, Eric Lampel, contend it was a car accident.
The Orange County District Attorney waited nine months before arresting and charging Nicolas with vehicular manslaughter with gross negligence. Nicolas has pleaded not guilty.
OC District Attorney Prosecutor Alison Gyves said the investigation was complex and reconstruction of the crash led the DA to believe this case was more than just an accident.
“When we’re talking about an accident, an accident means there’s nothing that anyone could have done to avoid it,” said Gyves [pronounced Jives]. “In this case, it’s our position that this collision could have been avoided and was not a simple accident. There was negligence involved as Ms. Nicolas was not paying attention to what was going on around her. Because of that we don’t characterize it as an accident. We characterize is as a criminal act.”
No one knows for certain what occurred during the moments before the crash. Mauer’s family believes Nicolas may have been on the phone or texting leading up to the fatal accident.
“At this point, I am not saying whether cell phone use or texting was a factor,” said Prosecutor Gyves. “I’m just not very comfortable saying that at this point. We don’t know at this point what caused the distraction. All we know is that the distraction was substantial in light of the fact that she collided to the back of this car at 80 miles per hour with no brakes. So as to why she was distracted, we are still looking into that. I’m not prepared to say at this point if cell phone use or texting was a factor.”
Lampel said his client was not speeding, texting or on the phone.
“It’s just very unfair and unfortunate,” said Lampel. “Nicolas is going to have a full statement shortly. We have information we are uncovering right now. The other side already has the information and they know it is not a distracted driver situation or a manslaughter case.”
Nicolas is scheduled back in court on February 23 for a preliminary hearing.
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