Jose Luis Ibarra appeared in the Tenth Judicial District Court of Fallon before Judge Thomas Stockard on April 2 for sentencing. On November 14, 2023, Jose Luis Ibarra pled not guilty to a charge of Driving Under the Influence of an Intoxicating Liquor or a Controlled or Prohibited Substance Causing Death or Substantial Bodily Harm, which carries the potential punishment of 2-20 years in prison.
A criminal settlement conference was held on January 8 in an effort to settle prior to a jury trial. As the parties came to a mutually agreed upon resolution, a change of plea hearing was scheduled for later that day, and the case was returned to the District Court for sentencing. The charge against Ibarra was amended to Involuntary Manslaughter, a Category D Felony punishable by up to four years in prison, to which Ibarra then pled guilty.
“There were a lot of fateful decisions made on the day of this offense,” stated Chief Deputy DA Lane Mills, who explained that the defendant and the victim in the case were close friends. On the date of the incident, the victim allowed Ibarra, an unlicensed driver, to drive the family car after being instructed not to, in part because the car had bald tires.
According to Mills, another fateful decision was made – Ibarra was smoking marijuana. The two were traveling toward Gabbs when he lost control of the vehicle, which led to a skid on the bald tires. They went off the road, said Mills, “A young man lost his life that day.”
Mills told the court that the victim's family did not want Ibarra to go to prison, “Nonetheless, we want to make sure that there's a message sent. I think this young man…is remorseful because he killed his best friend. And, he is going to have to live with that every day for the rest of his life; a young man that had hope and potential.”
Mills concluded his statements by asking the court to “fashion a sentence that involves probation for this young man, that still holds him accountable for his conduct.”
Steve Evenson Esq., in his argument for Ibarra, explained that the vehicle had numerous mechanical issues, including a lack of tread. “Simply put, what the family has told me is that it just as easily could have been on the same day, on the same road, at the same time, with the other kid driving. It’s a tragedy.”
According to Evenson, Ibarra has stopped smoking marijuana and is employed. He informed Judge Stockard that all parties had agreed to probation.
Ibarra told Judge Stockard, “Things haven’t ever really been the same since that day.” He said he wants to try to better himself, try to push forward, and not let a thing like this ever happen again. When Judge Stockard asked Ibarra to tell him about his friend, he said that they met when he was 16 or 17 and that he was always a good friend – a really great guy, as smart as they come, and one of the better people in life.
During victim impact testimony, the victim’s aunt read a prepared statement in which she said, “March 17, 2022, will forever be one of the worst days of my life.” She told of waiting for the care flight to arrive at the hospital, expecting him to be really banged up. She was going to just yell at him for being so careless. “Well, we never got that chance. Instead, a doctor walked in, and looked at us; and just said, ‘I'm so sorry’.”
Two years later, she said she still hears her sister’s scream; no mother should have to bury her child. She spoke of how her nephew taught her what unconditional love is. He taught her patience and was a selfless young man who would give anyone the shirt off his back. “He graduated high school at 16 and was out on his own, conquering the world.”
They [the family] do not blame Jose, that both young men made mistakes that day, said the aunt. Also, they did not want to see the defendant in prison or jail. “Our family has been in prison since March 17, 2022, and we've already gotten a life sentence. And Jose has, too. He has to live with this for the rest of his life, and that's punishment enough.” The family feels justice would be for Ibarra to live a life her nephew never got a chance to: to live for him, to make a difference in the world, to talk about the decision of what driving impaired cost him - his best friend.
She explained that each person who was first on the accident scene said Ibarra called out for his friend, asking the people to find him and check on him, letting them know there was someone who needed help more than he did. She thanked Ibarra for this.
She asked Judge Stockard to give Ibarra a chance at life. “A chance my nephew will never get – to make a difference.” However, she said she felt some consequences were justified because a law was broken, and a life was taken that day. “We hope it can be a punishment that has meaning and is purposeful, and jail or prison is not that.”
The aunt concluded by speaking directly to Ibarra, telling him she forgives him and is no longer angry with him, and she hopes he can forgive himself. She asked him to make her nephew’s death worth something, to tell his story, to impact others, and to inspire them to do better and be better. “Whatever you do in life, no matter where you go, don’t ever forget who [he] was, and keep his spirit alive.”
Accepting Ibarra’s change of plea, Judge Stockard found him guilty of Involuntary Manslaughter and sentenced him to two years of probation on a suspended prison term of 15-45 months. Ibarra was ordered to attend a Victim Impact Panel and complete a DUI Education Program. He must maintain full-time employment, complete a substance abuse evaluation, and follow any included recommendations.
Stockard told Ibarra that it was touching to hear about his friend from both him and his aunt. “The world is a poorer place for his loss … I hope you listened to [his] aunt’s testimony about the opportunity you have to, in a way, carry forth the great things you saw in him. You’ve got his inspiration to live your life in a way that he couldn't his,” said Stockard, “It’s up to you whether you do that; it’s not a condition of probation.”
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