A 29-year-old man was sentenced to nine years in prison Friday for his part in a street-racing crash that killed a veteran newspaper editor near his Santa Ana home.
Ricardo Navarro Tolento was convicted in February of gross vehicular manslaughter and hit and run with death, both felonies, as well as a misdemeanor count of engaging in a speed contest. Jurors also found true a sentencing enhancement for fleeing the scene of a vehicular manslaughter.
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Co-defendant Louie Robert Villa was convicted of second-degree murder in August 2022 and sentenced to 15 years to life in prison. Villa had a prior conviction for DUI, which allowed prosecutors to escalate the charges from manslaughter to murder.
The two were convicted of killing 67-year-old Gene Harbrecht, an Orange County Register editor, at Bristol Street and Santa Clara Avenue on July 30, 2020.
Senior Deputy District Attorney Brian Orue argued for 11 years. Tolento's attorney, Tom Nocella of the Alternate Defender's Office, argued for seven years of probation for his client, who expressed remorse for his actions.
Nocella argued that probation was a "more effective tool ... in keeping an individual on track."
Orange County Superior Court Judge Kimberly Menninger noted that if Tolento hadn't fled the scene of the crash things might be different.
"Had he stopped or gone and gotten help we wouldn't be here today," Menninger said.
She also said the defendant was convicted of the "most serious of crimes," since it involved a victim's death.
"It was due to him racing down the road," she said.
Menninger also noted the defendant had a prior conviction involving a hit-and-run in 2015.
"That weighs heavily," she said.
The judge wasn't moved much by the defendant's remorse.
"His remorse now is more due to his inability to spend the rest of his life with his family," she said, referring to the defendant's immigration status, which could lead to deportation.
Tolento was given credit for 132 days behind bars so far.
"There is no way to fix this," Menninger said of the victim's death. "I can't fix it for either side. It's horrible. And the reality is (Harbrecht) can't come back ... and it's due to choices Mr. Tolento made."
Harbrecht's close friend and colleague, Brian Rokos, told Menninger, "What bothers me most about the defendant, beyond his actions on the day of the crash, is that he did not care. He did not care about anybody else on Bristol Street. He did not care about himself and he did not care about his family. The defendant didn't care if their last glimpse of him was of him in a box, dead."
Rokos added, "That was my last sighting of Gene. It was 10 days after his death, and he was in a box. ... But the defendant didn't care. I hope that maybe he will now."
Rokos told City News Service after the hearing that he thought the sentence was "appropriate under the law. I wish the law was different."
Tolento was driving an average 77 mph in an Infiniti sedan in a 45 mph zone on Bristol Street from 17th Street, according to Senior Deputy District Attorney Brian Orue. Villa was driving a BMW 330i that slammed into Harbrecht's 2011 Ford Ranger pickup truck.
Tolento and Villa started their race about 11:40 a.m. at 17th and Bristol and streets, Orue said.
Tolento managed to avoid the collision and left the scene. He dialed 911 about 11:44 a.m., but the call got disconnected, Orue said. The dispatcher called him back and he confirmed he was calling about the crash, but did not give a name or say he was involved in it, Orue said.
Police tracked down Tolento about two hours and 20 minutes later through dashcam video that captured the car's license plate, Orue said. Tolento initially "lied" to officers about his involvement in the crash.
Later, he told investigators that when the two were at the stop light, "So I went and I heard him step on it, so I was like OK, I'm gonna step on it too... I stepped on it and I guess he got mad and I was already driving normal," according to Orue.
Jurors heard evidence of Tolento's prior conviction for a hit-and-run on July 8, 2015, that injured two men and a woman. He was also convicted of misdemeanor reckless driving, according to court records.
Tolento also acknowledged he saw Villa roll up his windows and look over at him as a racing challenge, Orue said. Tolento admitted he gets racing challenges because of his car's loud exhaust, Orue said.
Nocella argued that Villa "caused the accident. Mr. Villa crashed." He denied that his client was racing and said he thought he did his part to report the crash.
"Do you believe a race occurred or not -- that's what it comes down to," Nocella said in his closing argument.
Tolento testified he was not trying to race Villa.
Tolento did not commit hit and run because "he didn't believe he was the cause" of the crash, Nocella argued.
Orue showed jurors the dashcam footage of the race from another driver that showed the two cars immediately taking off when the light turns green and speeding down the road.
"You were told Mr. Tolento was not speeding," Orue responded. "For real?... If that's not speeding what do you call it?"
The prosecutor added, "That wasn't just fast. It wasn't just speeding. It was offensive. Reckless. Dangerous... He even admitted he was driving too fast for conditions."
Villa was driving about 86 mph, Orue said.
"And he was still trying to catch up to Mr. Tolento," Orue said. "Do the laws of physics cease to exist on Bristol? To say he was not speeding is fiction. You know from the evidence in this video he was flying."
Tolento had multiple spots where he could have pulled over and ended the race, Orue said.
"Everything he did was wrong in this case," Orue said.
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