Santa Maria drunk driver sentenced in crash that killed SLO County teen, woman

A Santa Maria man’s deliberate actions and decisions to drive while drunk, speed and run a red light caused two deaths, critical injuries and dramatic changes for multiple lives, according to statements in a Santa Barbara County Superior Court sentencing hearing on Wednesday afternoon.

In October, Javier Artemio Cortes Cortes, 31, changed his plea to guilty in the case related to the deaths of Madison Coleman, 17, and Monica Marias Gonzalez, 20, both of Atascadero.

Cortes was charged after the March 16, 2019, collision at the intersection of Donovan Road and Miller Street involving his Chrysler and a Jeep carrying four women.

Under the agreement, Cortes pleaded guilty to second-degree murder plus driving under the influence causing great bodily injury to Makayla Everhart and Kimberly Olivo, the other passengers in the Jeep.

In total, Cortes was sentenced to a six-year determinate sentence followed by 15 years to life in prison. The defendant waived custody credits of more than 1,000 days for the time he has been in jail since his arrest.

Investigators determined that Cortes was driving with a blood-alcohol content of 0.17%, more than twice the limit of .08% at which a person is considered drunk under the law. He also was driving faster than 90 mph on Donovan Road in Santa Maria.

“Mr. Cortes showed an utter and complete disregard for the public safety and demonstrated extreme callousness by taking to the streets and making the decision to drive — to drive what must be described as a ‘deadly weapon,’” said Deputy District Attorney Stephen Wagner, who prosecuted the case with colleague Madison Whitmore.

The phrase “deadly weapon” remains appropriate for an automobile with an impaired or under the influence driver, Wagner added.

Cortes had several opportunities to change his decision to drive — the party host offered guests a place to stay, he was taken home yet decided to drive to follow his girlfriend in another vehicle. He also had recently seen the ramifications of a DUI arrest involving a relative.

“There were warning signs galore, yet he flagrantly ignored them — choosing instead to roll the dice,” Wagner said.

The defendant did not “intentionally kill” the two women, but the prosecuting attorney contended that the conduct should not be labeled “accidental.”

“Indeed, the defendant’s actions and decisions to drive were deliberate in nature,” Wagner said.

Wagner’s comments came after victim impact statements including from Olivo, who was critically injured in the crash and has undergone more than 10 surgeries.

“My life is not the same anymore,” Olivo wrote.

She experiences confusion because of brain injuries and relies on a wheelchair. She regularly has pain in her hips and back, and she needs help doing things that once were routine in her daily life. In addition to her injuries, Olivo said the crash claimed the lives of two best friends she considered to be her sisters.

“I feel that my life no longer makes sense. I feel useless,” Olivo said.

Relatives of Coleman and Gonzalez also shared about how the crash drastically changed their lives.

“You took from me the most precious thing in my life,” said Maria Macias, Gonzalez’s mother. “You do not deserve freedom.”

Madison Coleman’s mother, Julie Coleman, told Cortes that his actions changed the lives of multiple families, including his own.

Cortes, who was represented by George Rosenstock, also was ordered to pay more than $12,000 in restitution, but the judge said he would retain jurisdiction on the matter.

The defense attorney noted that his client made horrible choices that night, inflicting horrible damage.

“He admits the wrongfulness of his conduct and is prepared to undergo the very substantial punishment,” the attorney said.

In noting the tragedy, Judge John McGregor repeated one descriptive word used by Madison Coleman’s mother during her victim impact statement — “the incomprehensible sense of loss, the incomprehensible pain, the incomprehensible recovery and the incomprehensible actions of the defendant.”

The judge said that when sentencing people for misdemeanor drunken driving cases, he indicates the difference from driving under the influence of drugs or alcohol and a murder involving DUI is simply one of the circumstances.

“I wish that I was able to get through to people what all of you understand only too well,” the judge said about the dangers of DUI.

This story was originally published November 17, 2022 at 1:36 PM.