Julian man receives six years in Lakeside death

WEBCourtRoundup.jpg

Joel Joseph Silva, who killed a pedestrian in Lakeside while he was under the influence of prescription drugs, has been sentenced to six years in state prison.

Silva, 33, of Julian, pleaded guilty to gross vehicular manslaughter while under the influence of drugs in the Nov. 29, 2015 death of Kimberly Eakin, 33, of Lakeside. She was killed at 5 p.m. on Woodside Ave. near the Lindo Lake Park.

Joel Joseph Silva, who killed a pedestrian in Lakeside while he was under the influence of prescription drugs, has been sentenced to six years in state prison.

Silva, 33, of Julian, pleaded guilty to gross vehicular manslaughter while under the influence of drugs in the Nov. 29, 2015 death of Kimberly Eakin, 33, of Lakeside. She was killed at 5 p.m. on Woodside Ave. near the Lindo Lake Park.

Deputy District Attorney Steve Schott asked El Cajon Superior Court Judge Daniel Goldstein for a 10-year term while Silva’s attorney, Angela Shimizu, asked for probation on Feb. 9.

“I pray for the Eakin family daily and for them to ease their pain,” said Silva. “I cry for Kimberly’s life all the time.”

“If I was given the chance to forfeit my life for hers, I would do it,” said Silva. “I will live with remorse til the day I die.”

Schott said Silva was taking a tranquilizer, Oxycodone and an amphetamine.

Nancy Eakin, the victim’s mother who was in a wheelchair, told Goldstein “a part of me died when she died. It’s the most horrible thing to put a parent through.”

“Probation isn’t enough because…he could do it again. I know that eventually I will forgive, but I can’t now,” said Nancy Eakin.

Goldstein said he couldn’t grant probation as “he’s had too many chances” already. “The defendant has a longstanding history of drug use. He crashed three cars in 10 days.”

Goldstein gave him credit for serving 82 days in jail and fined him $3,894.

 

El Cajon woman to stand trial for second-degree murder

A 21-year-old El Cajon woman was ordered Feb. 11 to stand trial for second-degree murder and gross vehicular manslaughter while intoxicated in the death of a Lakeside pedestrian.

Katie Ellison McGrosso cried in court when she heard witnesses describe the Sept. 25, 2015 death of Lorraine Kennedy, 57, and serious injuries to her husband, David Sandel, who spent 54 days in the hospital with a lacerated liver and four broken ribs.

El Cajon Superior Court Judge Lorna Alksne heard testimony from her son, Travis Kennedy, who said the driver of a Toyota Yaris without headlights on yelled at him as he was crossing the street around 8 p.m. Kennedy said he discovered his mother’s body in front of the crashed car on Woodside Ave.

Deputy District Attorney Steven Schott argued the crime was murder because “she had a conscious disregard for human life that night.” McGrosso had four glasses of rice wine that were 24% alcohol, and two other drinks, he said.

McGrosso’s attorney, Charles Millioen, said she was tired when she was driving and it was not murder. McGrosso has pleaded not guilty, and a trial date will be set on Feb. 25.

McGrosso attended Alcoholics Anonymous for six months at age 17 when she was arrested for drunk driving, according to testimony. Schott said she would have learned about the dangers of drinking and driving.