In a move that has left Sonoma County prosecutors reeling, repeat felony DUI offender Juan Garnica Vigil was handed a sentence of probation for the second time by Superior Court Judge Dana Simonds on Monday, opposing the district attorney's request for a more severe punishment. According to a post by the Sonoma County District Attorney's Office, Vigil, who was already serving probation for a previous conviction clocked in an egregious blood alcohol level of .33/.31 during his latest arrest, well beyond the legal limit of .08.
On June 2, 2023 Vigil collided with a parked car and was subsequently detained by the Santa Rosa Police Department; he was visibly intoxicated at the scene, where he also attempted to flee only to be stopped by a civilian who went onto confiscate his keys before law enforcement arrived—the incident serving as yet another violation of the multiple terms of his existing probation, "be of good conduct and obey all laws," included among them, "ignition interlock device," "not to drive with any measurable amount of alcohol in blood, not to possess or use any alcohol." Vigil's rap sheet, detailed in the District Attorney's statement, includes five DUI convictions and misdemeanors like domestic and elder abuse.
The Sonoma County District Attorney's Office aggressively advocated for the maximum sentence of three years, eight months in state prison; however, Judge Simonds, demonstrating leniency once more with Vigil, issued a directive for residential treatment instead of incarceration. The latest ruling follows Judge Simonds' decision from a 2018 felony DUI case involving Vigil, where she similarly placed Vigil on probation and delayed incarceration in favor of alcohol and drug treatment programs.
The prosecuting team's specialized Vertical DUI Prosecution Unit, backed by the California Office of Traffic Safety and the National Highway Traffic Safety Administration, sought to convey the risks posed by a driver like Vigil, detailing his acts that disclosed "a high degree of cruelty, viciousness, or callousness," and violent conduct which highlighted "a serious danger to society," but despite these efforts and Vigil's previous failures on probation, Judge Simond set a course for rehabilitation over prison; Vigil's history of noncompliance with probationary measures including a direct admission to drinking alcohol and driving which will now be addressed in the residential treatment he has been mandated to complete.
