The wife of a Mexican national stationed at the Air Force Academy will not serve a day in jail for leaving the scene of a motor vehicle incident that left a popular Monument woman dead.
Veronica Prieto-Gudino, 31, pleaded guilty Friday to a felony count of leaving the scene of a crash causing death as part of a deal with prosecutors. A charge of careless driving causing death was dropped.
Fourth Judicial District Judge J. Patrick Kelly could have sent her to prison for up to six years. But he sentenced her to five years unsupervised probation, which means she can return to Mexico. He also ordered 500 hours of community service, unspecified restitution, a mental health evaluation and a stern warning that she live her life "in a way that honors" Madonna "Donna" Head, 65.
Driving a Jeep, Prieto-Gudino ran over Head on Dec. 3 in a parking lot at the academy, where Head worked as the director of the Child Development Center.
She left the scene with Head's blood on her front bumper and front tire. Witnesses told Colorado State Patrol investigators Prieto-Gudino sped out of the parking lot afterward, according to an arrest affidavit.
Prieto-Gudino's attorney, Lisabeth Castle, told Kelly her client was severely depressed because she had three sick young children, her husband worked too much and left her alone, and she was in a foreign country and didn't speak the language. She wanted to return to Mexico, but her husband, Mexican Air Force Major Victor Lozano-Garcia, who was a visiting instructor at the academy, refused, Castle said.
"She was too afraid to stop and look back," Castle said. "It was the straw that broke the camel's back. She completely had a break, as the psychologist's report states, and actually started urinating on herself she was so scared. She was petrified of losing her children, her husband, her life."
"She's not a cold, unfeeling person. She simply could not bear the guilt."
Head's widower, retired Brig. Gen James Head, told Kelly his wife of 43 years had two daughters and five grandchildren and touched the lives of many children. He said he couldn't see any benefit in sending Prieto-Gudino to jail.
Donna Head's "wish would be after they move through whatever you impose, they turn back to their three children and raise them to the best of their ability," Head told Kelly.
Deputy District Attorney Bruce Rands said the Head family "has handled this tragedy with decency, charity and the absence of malice that is rare."
Prieto-Gudino, weeping, apologized repeatedly to the Head family and said "my fear kept me from thinking."
"It wasn't with malice," she said through an interpreter. "My fear didn't allow me to do the things I should have done."
After grilling the Colorado State Patrol sergeant who investigated the crash and being assured it was a "freak accident," Kelly delivered the sentence.
"I can't bring (Head) back to life. The defendant can't bring her back," Kelly said. "So Mr. Head can't enjoy the rest of his life with her, and neither can her children or grandchildren."
Kelly admitted the sentence was "unusual." He imposed a 90-day jail sentence, but suspended it as long as Prieto-Gudino successfully completes probation. Castle is to send Kelly reports every six months on her progress.
"Live your life in a way that honors what Mrs. Head stood for and what she did for children," Kelly said. "I don't believe putting you in jail will alleviate the pain this family feels, or that she feels."
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Contact the writer: dennis.huspeni@gazette.com or 636-0110.