Modesto man accused of murder in deadly crash near Knights Ferry takes plea deal
A 26-year-old Modesto man will be sentenced to 10 years in prison for a fiery head-on crash that killed another driver along Highway 108 near Knights Ferry four years ago.
Rafi Jack Mitri was driving recklessly and crashed with a small pickup driven by Frank Garcia, 81, of Modesto. Passersby tried to save Garcia. A nurse performed cardiopulmonary resuscitation on Garcia, but he was pronounced dead at the scene.
Mitri on Sept. 13 pleaded no contest to two felony charges, avoiding a trial scheduled to begin Nov. 6. The Stanislaus County District Attorney’s Office’s was seeking to have Mitri stand trial on a charge of second-degree murder.
Deputy District Attorney Anthony Colacito, who prosecuted the case, argued that the murder charge was appropriate considering Mitri’s speeding and reckless behavior leading up to the crash and his history of unsafe driving.
Mitri had six traffic violations, including speeding, running a stop sign and making an unsafe turn, from May 2010 through September 2012, according to filed court documents.
But the prosecution dropped the murder charge in exchange for Mitri’s no contest plea. Mitri was convicted of vehicular manslaughter with gross negligence and reckless driving causing great bodily injury, Colacito said.
The deadly crash occurred about 2:30 p.m. on the highway near Lover’s Leap. Mitri was driving a 2003 Hyundai Accent east on the highway. His then-girlfriend, Amanda McSweeny, 22, of Oakdale, was a passenger in the compact car.
Garcia was driving a 1999 Ford Ranger west on the highway. Richard Martinez, 71, of Oakdale was a passenger in the pickup.
The prosecution argued that Mitri tried to pass another vehicle by crossing a double-sided yellow line dividing the winding stretch of rural road and entering the oncoming lane. A rise in the road meant that westbound drivers could not see Mitri’s approaching car.
That area of the highway has a 55 mph speed limit. A witness told investigators that Mitri was driving about 60 mph before accelerating to pass the vehicle in front of him.
Martinez told authorities that Mitri’s car was going about 85 mph in the oncoming lane moments before the crash, according to court documents. The car and the pickup swerved toward the north side of the road to avoid the crash, but the vehicles collided head-on.
The pickup caught fire with Garcia and Martinez inside. Passersby pulled the men out of the burning pickup. One man suffered burns on his arms while using a crowbar to free Garcia.
Martinez suffered leg, foot and ankle fractures, along with serious colon injuries, according to court documents. McSweeny suffered a lacerated spleen and fractures.
Mitri suffered serious neck injuries. He was arrested on suspicion of murder about six months after the crash.
He is scheduled to return to court Oct. 12, when he will be formally sentenced. On Wednesday, Mitri remained in custody at the Stanislaus County Jail. He has been at the jail since his March 2015 arrest.
Colacito said Mitri agreed to waive 180 days of time he has already served at the jail. About three years of his time in jail will go toward his prison sentence.
At the time of the crash, Mitri was on probation for selling marijuana to a minor younger than 14 years old.
Mitri’s 10-year prison sentence includes seven years for the probation violation, 16 months for the vehicular manslaughter charge and 20 months for the reckless driving charge.