Father charged with manslaughter
By Andy Gates — Argus Observer
Tuesday, July 24, 2007 11:56 AM PDT
VALE — A distraught father who lost his daughter Sunday now faces stiff prison time in the wake of a tragic crash that prosecutors assert constitutes manslaughter and homicide.
Daniel Cabello Deleon, 31, faces a maximum sentence of 31 years in prison if convicted of the charges levied against him Monday in connection to his 8-year-old daughter’s death. Deleon’s daughter, Clarissa Vasquez Caldera, died Sunday after she was ejected from her father’s SUV, which rolled along Oregon Highway 201 south of Nyssa, according to a press release from the Oregon State Police.
After the crash, Deleon was transported to Holy Rosary Medical Center where he was treated, released and arrested for second degree manslaughter and DUII, the release shows.
He was arraigned Monday in Malheur County Circuit Court on charges of first degree manslaughter, criminally negligent homicide and driving under the influence of intoxicants.
His blood alcohol content was .21, according to the Malheur County Circuit Court schedule, almost three times the legal limit. The documents do not specify when Deleon’s blood alcohol content was measured.
Malheur County Circuit Court Judge J. Burdette Pratt set Deleon’s bond Monday at $100,000 or $10,000 cash, despite attempts by defense attorney Manuel Perez to have bond set at half that amount.
However, it was later determined Deleon is not a legal resident of the United States, so U.S. Immigration and Customs Enforcement placed a hold on him, Malheur County District Attorney Dan Norris said.
Deleon is very upset about Caldera’s death, his lawyer said.
“He is obviously very distraught over what happened,” Perez said.
The child’s body underwent an autopsy Monday afternoon at Holy Rosary Medical Center, Norris said, and prosecutors await an official report of the child’s cause and manner of death.
Autopsies are standard protocol for homicides, Norris said.
Deleon wants to attend his daughter’s funeral, Perez said.
However, Norris said he would probably object to that.
Before the crash, Deleon was traveling to run errands and pick up food items with his daughter for a get-together. Norris said he did not know if Deleon had a valid driver’s license.
Through a translator Monday, Deleon told the court via video conference that he had lived in Nyssa for about a year, and before that resided in California. He said he was employed by “Cowboys and Beef Northwest.”
Deleon told the court his wife is his only family living in Nyssa.
A grand jury in Malheur County Circuit Court will review the case later this week, but Norris said he does not think additional charges are likely.
Deleon is set to appear again in court Friday regarding results of the grand jury’s proceeding.
A manslaughter conviction carries a mandatory minimum prison sentence of 120 months, or a maximum of 20 years prison. Criminally negligent homicide carries a maximum possible prison sentence of 10 years, and DUII is a misdemeanor crime carrying a one year maximum jail sentence, Pratt said in court.
“A family lost a child, and now if convicted, a father is looking at spending a good portion of his life in prison because he made a decision to drive while intoxicated,” Norris said Monday afternoon.
Police are still finalizing their reports of the crash, Norris said.
Alma wrote on Aug 28, 2009 8:22 PM:
Im so very proud of you, you did AMAZING!! Yet still very young and have years to improve, which seems scary. I know grandpa was cheering for you, chanting #1, #1... Keep up the great work kido. "