An Inland Empire woman who was sentenced to nine years in prison for the hit-and-run death of a young bicyclist is being released after serving just two-and-a-half years of her sentence.
In June 2020, Benjamin Montalvo was riding his bicycle in Corona when a car driven by Neomi Velado struck and killed him. Velado then drove off.
"He was struck by an impaired texting repeat offender who didn't even stop at the scene," Kellie Montalvo, Benjamin’s mother, told KNX News’ Emily Valdez. "She backed up and continued to text and left Benjamin to die in the street."
Montalvo said Velado tried to "cover her crimes the next morning."
“At 8:00 a.m., she was at a car repair facility, replaced her windshield, and then went on to work an entire her entire shift at a hotel," she said.
Velado was convicted of negligent gross vehicular manslaughter and sentenced in 2023.
Montalvo was shocked when she learned that Velado is set to be released on Valentine's Day after serving just 27% of her sentence. She said she was told in court that Velado would probably only serve 50% of that time.
“The DA did her job fabulously,” Montalvo said. “The investigators did their jobs, and now that she's in the hands of the CDCR, we are all very confused, including the DA, as to why the CDCR has the ability to modify a sentence.”
Negligent gross vehicle manslaughter is not considered a violent crime. Montalvo is fighting to change that.
“A violent crime requires the perpetrator to serve 80% of their sentence, and that can't be discharged,” she said. “There was nothing about my son's death that wasn't violent.”
KNX News has reached out to the California Department of Corrections and Rehabilitation for comment.
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