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JOHN KIRK-ANDERSON / Stuff
Efren Estareja Estrella leaves Christchurch District Court after being released without conviction.
A man who killed his teenage son in an accident after passing a stop sign in rural Canterbury has escaped sentence because he is already serving a “life sentence.”
Efren Estareja Estrella, 48, appeared in Christchurch District Court Tuesday on one charge of careless driving that resulted in death and two counts of careless driving that caused injury.
The accident occurred at the intersection of Ellesmere and Tancreds highways, near Lincoln, around 4:30 p.m. on December 14.
Estrella was traveling down Tancreds Rd on a clear day with her 13-year-old son, Jyren, and his wife, Johanna. At the intersection with Ellesmere Rd, Estrella ran through a stop sign and dumped a Mazda with a woman and child inside.
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Jyren died in the accident, while Johanna and Efren Estrella were taken to Christchurch Hospital.
Joe Johnson / Stuff
Efren Estareja Estrella was charged with reckless driving resulting in death and two counts of reckless driving causing injury after running through a stop sign on a Canterbury country road.
The driver of the other car suffered bruises on her arms, chest and shoulder and had to be hospitalized overnight.
At the time of the accident, Estrella was driving within the speed limit of 80 km / h. It was estimated to be traveling at 37 km / h at the point of impact. She was not under the influence of alcohol and was not distracted by a phone or other device.
Judge Stephen O’Driscoll said the only inference he could make about why Estrella didn’t stop at the stop sign was a momentary lapse of concentration. He suspected that Estrella had “tunnel vision” and did not notice the stop sign to the side.
JOHN KIRK-ANDERSON / Stuff
Efren Estareja Estrella with supporters out of court after being released without a conviction following an accident at the intersection of Ellesmere and Tancreds highways near Lincoln in December last year.
Defense attorney Phil Shamy told the court that Estrella was struggling with feelings of guilt and remorse since the accident.
“He was a hardworking man” who struck a very cruel blow. The loss of his son was punishment enough, Shamy said.
“What started as a Saturday outing on one of the few days this man had free ended with him driving in the field and having an accident. And as a result of that, his young son died, and his wife and one other person were injured. “
RNZ
The detail: Almost one person a day died on our roads last year.
Estrella, a Filipino national, has lived and worked in New Zealand for about six years. Shamy told the court that a criminal conviction could have a serious effect on Estrella’s ability to extend her visa.
During his sentencing statements, Judge O’Driscoll noted that Estrella had been evaluated as deeply repentant, with low risk of recidivism and low risk for others.
Joe Johnson / Stuff
Flowers at the scene of the fatal accident. (File photo)
“A sentence is already passing, Mr. Estrella. It is a life sentence and whatever you do today, you will have to live in the knowledge that you went through a stop sign and as a result your wife was injured and your son is not here today.
“I have considered what a conviction would accomplish against you, and I believe it would create even more hardship and guilt for you.”
Estrella was discharged without conviction for each of the three charges and ordered to pay an emotional damage payment of $ 1,500 to the driver of the other car.
Judge O’Driscoll did not disqualify Estrella from driving or obtaining a license, saying it would not be in the interest of justice to do so.
